Forced Labour Convention, 1930 (No. 29) - Eritrea (Ratification: 2000)

Individual Case (CAS) - Discussion: 2018, Publication: 107th ILC session (2018)



A Government representative stated that the observations made on 30 August 2017 by the International Organisation of Employers (IOE) and the comments made by the Committee of Experts and the Conference Committee in this regard had been noted by the Government. In 2000, Eritrea had ratified both forced labour Conventions and always remained engaged in matters related to the Conventions. The Eritrean struggle was not only for independence, but also for social justice and ensuring its rights from the colonial rulers. Regarding the issue of compulsory national service, the Government’s position needed to be reiterated as it had been stated in the Conference Committee in 2015. He hoped that the discussion would lead to a clear understanding of the issue and a fruitful conclusion. The national service programme was at the centre of nation building and the upbringing and preparedness of the new generation towards that end. Eritrea had introduced the national service programme in 1995 through Proclamation No. 82/1995 against the backdrop of massive demobilization of the Eritrean Liberation Army after independence. In certain ways, it was also seen as a contingent security architecture which would allow the young nation to maintain a very small regular army with the latitude to mobilize the necessary force if and when it faced existential threats. The need for a dynamic effort for a robust framework of regional security and development was also considered essential. In normal times, national service by law was limited to 18 months, 12 months of which were generally spent on public works in community or development assignments and the remaining six months on military training in the Sawa Education and Training Centre. They were also part of the reserve army eligible for recall if and when war broke out or any demand arose due to any national security challenge. This was compatible with the definition of “normal civic obligation” provided for by Article 2(2)(b) of the Convention. The work exacted was aimed at the best interests of the nation and the community, not for the benefit of private companies or individuals. It focused on reforestation, soil and water conservation, reconstruction projects and food security programmes. Overall, the purpose for which it was used was limited to what was strictly required in the prevailing situation as a pre-requisite for the existence of the nation. The national service programme had been affected by existential external threats over the past 20 years. Ethiopia’s continued occupation of sovereign Eritrean territories constituted a flagrant violation of international law, fundamental provisions of the United Nations Charter and the 2000 Algiers Agreement signed by the two countries. It also constituted a violation of the Eritrean people’s right to sovereignty, development and the right to live in peace without any threats. However, the international community, in particular the United Nations Security Council (UNSC), had not taken any appropriate measures to address the problem. Consequently, Eritrea had no option but to take the necessary measures of self-defence that were proportionate to the threat it faced.

Despite the prevailing challenges, the Government had taken various measures to transform the national service system and address the unintended consequences. For example: (1) the Commission for Demobilization had been established in 2001 and had demobilized over 105,000 soldiers from national service from 2001 to 2005. The project envisaged the full demobilization of the army, but had been discontinued when Ethiopia rejected the decision of the Eritrea Ethiopia Boundary Commission; (2) large scale demobilization practices had continued on various grounds through local resources, especially for women and other segments of society; (3) in the past five or six years, all graduates of the national service programme had been directly enrolled in different education institutions and deployed in various areas of work after finishing their studies. The one year of community or development service in most cases was thus deferred to take place at any convenient time. Most of the recent graduates were covered by the new remuneration system established in 2016, which had introduced a substantial increase in the salary of the civil service; and (4) the communal services were intended to promote social service and the dignified life of the population. Members of the community were frequently consulted through the popular local governance system and were involved both as beneficiaries and active participants on the need for such services. Due to the prevailing situation described repeatedly, national service members were called upon to perform non-military activities in the specific circumstances described, which was confined to genuine cases of force majeure. In times of peace, national service members did not have any other obligations once they had fulfilled their obligation of service for 18 months. The duration of national service had been prolonged due to unrelenting threats and a protracted state of belligerency by Ethiopia. Therefore, the extended obligations imposed on the population in general and national service members in particular were compatible with the provisions of Conventions Nos 29 and 105. Neither forced nor compulsory labour had been exacted in the country in violation of the Conventions. In terms of the legal and institutional context of the State, national service constituted an exception to forced labour under article 3(17) of Labour Proclamation No. 118/2001, which provided that normal civic obligations, labour performed as stipulated in the Penal Code and communal or development services rendered in the situation of existential external threats were not considered as forced labour. The legitimacy of the ongoing practice of qualifying military and non-military service as force majeure under Convention No. 29 was thus unambiguous. He emphasized that peace, security, human rights and development were interlinked and constituted a fundamental principle of the international system. The existential external threats faced by Eritrea and the failure of the international community, in particular the UNSC, to address the pertinent threats faced by Eritrea could not be underestimated. The Government of Eritrea categorically rejected the allegations made and reiterated its stated position that the Committee had to consider these objective realities, drop the allegations and continue to expand and strengthen engagement with Eritrea in a meaningful way. Regarding the IOE’s claim that “the illegal occupation of Eritrean territory by Ethiopia does not amount to a genuine situation of emergency and, as such, recourse to compulsory labour couldn’t be justified”, he stated that it negated the concrete reality in the country, the fundamental principle of the international system on the interdependence of peace, security and development, as well as the provisions of Article 1(b) of the Convention. Contrary to the IOE’s assertion, Eritrea did not exploit forced or compulsory labour for economic development as a systemic approach aimed to replace the labour system. All forms of compulsory labour exacted in Eritrea met the criteria of minor communal services. This work, accomplished under the duress of existential threats, was consistent with the parameters provided for in Convention No. 29. Moreover, it also warranted the mobilization of labour for the purpose of economic development in the context of Convention No. 105. In line with the ratified Conventions on forced labour and its abolition, and following the border war with Ethiopia, the Committee had requested Eritrea to provide reports and information, indicating that work exacted from the population as part of compulsory national service in Eritrea was equated to forced labour. The Government of Eritrea had provided several written reports and information to the Conference Committee and the Committee of Experts indicating that no forced labour had been practiced in the Bisha Mine. In conclusion, he hoped that all the efforts made so far, including the information included in this statement, would instil an objective understanding of the prevailing reality leading to the termination of unwarranted allegations of forced labour and related observations. He also reiterated the Government’s commitment to continue its engagement with the relevant bodies in the future.

The Worker members recalled the gravity of the issue and the inability of the Government to resolve it satisfactorily, even though the use of forced labour in Eritrea had already been discussed during the 104th Session of the International Labour Conference in 2015, since when the Government had not requested technical assistance from the Office. The alarming events reported in 2015 (murders, torture, kidnappings, inhuman detention conditions) remained the same in 2018 and had been confirmed by many international bodies, such as the United Nations Commission of Inquiry on Human Rights in Eritrea in June 2016, and the Special Rapporteur on the situation of human rights in Eritrea in June 2017. Poor diplomatic relations with Ethiopia could not be used to justify the serious violations that were occurring. It was to be hoped that the Committee’s 2018 discussion would convince the Eritrean Government to make every effort to bring its legislation and practice into line with the Convention. Compulsory national service, pursuant to the Proclamation on National Service No. 82 of 1995 and the 2002 statement concerning the Warsai Yakaalo Development Campaign (WYDC), remained the source of the problem. Although national service was time-limited in theory, the WYDC had allowed conscripts to be mobilized for an unspecified period. Moreover, national service involved various activities, such as construction and agriculture, that were not purely military and therefore fell outside the scope of the exception provided for in Article 2(2) of the Convention. As the Committee of Experts had recalled, that condition was explicitly intended to prevent the requisitioning of conscripts for the performance of public works or development work. However, it had been reported that some conscripts had been made available to private enterprises, particularly in the mining sector. The Abolition of Forced Labour Convention, 1957 (No. 105), also prohibited the exaction of forced labour as a method of mobilizing and using labour for the purpose of economic development. That was how Convention No. 29 should be interpreted. One of the stated objectives of the WYDC was precisely “investing in development work of our people as a potential wealth”, that is, promoting economic development. A further exception to the prohibition of forced or compulsory labour provided for in the Convention was force majeure, defined in a restrictive manner as a sudden, unforeseen happening calling for instant counter-measure. However, in view of the extremely long periods for which the workforce was required, it could not be considered that the Eritrean Government was mobilizing a large proportion of its population to deal with a sudden and unforeseeable event. It could not, therefore, invoke the force majeure exception. The Government took the view that such measures were intended to prevent future instances of force majeure. Such an interpretation, quite apart from being incompatible with the unpredictable nature inherent in force majeure, was unacceptable, as it would allow States to take measures that seriously restricted fundamental rights against the possibility of a hypothetical force majeure, which would set a dangerous precedent.

The institutionalization of forced labour was evidenced by the serious penalties incurred by Eritreans who sought to avoid the obligation, including prison sentences, suspension of rights, reprisals against family members, and non-renewal of trading licences. Forced or compulsory labour was defined in Article 2(1) of the Convention as all work or service which was exacted from any person under the menace of any penalty and for which the said person had not offered himself voluntarily. The Worker members reiterated their concern with regard to the impact of the WYDC on women and children. Although the law stated that national service was to be performed from the age of 18, various reports indicated that almost one third of new conscripts in military training centres were below that age. Students who completed their studies were obliged to submit to intensive military training in SAWA and then to continue their studies under military authority. They were then transferred directly to the national service programme. Very often students had to work in agriculture, sometimes for up to one or two months, in addition to their military training and their studies. Women were particularly vulnerable to harassment and sexual violence. They were also forced to perform domestic work for officers, in addition to their work in the framework of their compulsory military service. It was regrettable that the measures taken to demobilize conscripts and reintegrate them into the public service, including through the determination of a wage scale for those who had fulfilled their obligations and the establishment of a specific status for them, had been abandoned. It was to be hoped that the Government would relaunch that process. The Government’s statement that the objectives of the WYDC were confined to what was strictly necessary to respond to the requirements of the national situation were tantamount to adding a criterion to the text of the Convention by making use of the concept of proportionality to justify violations of the fundamental rights of the population. However, the issue of proportionality only arose in the context of force majeure, which could not be invoked in the present case. The observations of the Committee of Experts and of the Conference Committee were reinforced by those of other organizations. The Human Rights Council had called on Eritrea to engage in far-reaching legal and institutional reform. In June 2017, the Special Rapporteur had been obliged to note that the Government had not made any effort to give effect to the recommendations of the Commission of Inquiry. The same applied to the recommendations that the Conference Committee had made to the Government in 2015. Compulsory national service, as currently implemented, was a violation of the fundamental rights of the citizens of Eritrea. It was necessary to give effect to the recommendations made by the Committee in 2015, and to those of the Commission of Inquiry of the United Nations Human Rights Council to repeal the 1995 Proclamation on National Service and to bring an end to the WYDC. The Government was invited to consider ratifying the Protocol of 2014 to the Forced Labour Convention, 1930, which would usefully supplement the policy of dismantling forced labour that needed to be adopted.

The Employer members recalled that the case essentially involved two national instruments that violated the Convention, namely the Proclamation on National Service No. 82 of 1995 and the 2002 Declaration on the Warsai Yakaalo Development Campaign (WYDC). While conscription into military service was initially limited to 18 months, the war between Eritrea and Ethiopia had led to a lifting of the cap. According to the Government, national service was intended for both military and development purposes. In other words, conscripts could be used in a variety of activities, some of which were purely of a developmental and/or economic nature. However, under the Convention, the use of involuntary labour for non-military work was only permitted in very limited circumstances. When discussing the case in 2015, the Conference Committee had been highly concerned at the continued state of forced labour in Eritrea and urged the Government to seek ILO technical assistance to ensure compliance with the Convention. Following the Committee’s 2015 conclusions, both the IOE and the International Trade Union Confederation (ITUC) had made observations in which they expressed concern at the situation. Noting with regret the Government’s failure to provide a report, the Committee of Experts had strongly urged the Government to take the necessary measures to bring an end to the generalized and systematic practice of the exaction of compulsory labour from the population in the context of the obligation of national service. In 2017, the Committee of Experts had adopted an observation, based on the observations by the IOE and responses thereto provided by the Government. The IOE emphasized the urgency of bringing an end to forced labour in Eritrea, and observed that, despite the commitment to work towards that goal, the Government had not sought ILO technical assistance nor demonstrated any will to cooperate with the ILO. The Government reiterated that demobilization had been interrupted and national service prolonged because of the need to take action vis-à-vis Ethiopia’s state of belligerency. Moreover, the Government was adamant that the work exacted from the population under the WYDC was limited to the benefit of the community, and was not for the profit of private companies or individuals. Consequently, according to the Government, there was no systematic practice of compulsory labour. In its observation, the Committee of Experts noted that, according to the latest reports of the bodies appointed by the United Nations Human Rights Council, the Government had still not taken steps to reform the national service programmes. The Committee of Experts also noted with deep concern that there was no progress by the Government to harmonize its law and practice with the Convention. While it was understandable that the Government wanted to be prepared to defend its borders, it had ratified Convention No. 29, which placed limits on the permissibility of some actions. National legal instruments needed to be harmonized with the provisions of ratified international labour standards. The Government’s statement in reply to the observation confirmed that conscription went beyond the limit of 18 months, and military conscripts were used to perform non-military work or activities, including economic activities supposedly for the benefit of the community. However, the interpretation of the facts was controversial. Both the Conference Committee and the Committee of Experts had repeatedly found that the situation in Eritrea amounted to forced labour and was in conflict with the Convention, whereas the Government believed that the conscription programme and the non-military activities performed under the WYDC were justifiable as exceptions under Article 2 of the Convention. The Government had also highlighted that it had taken steps to reduce national service by enrolling many conscripts into the civil service, with improved remuneration. While the Government’s efforts could demonstrate its intention to follow through on its commitments on demobilization, there were still concerns about those who remained in extended national service, and those who were used in compulsory non-military work. If the Government was committed to complying with its obligations under international law, it needed to take the necessary steps to amend or repeal the national instruments that were in conflict with the Convention. Regardless of their justification, the Proclamation on National Service and the WYDC violated the Convention. In conclusion, the delay in harmonizing national law and practice with the Convention, the number of observations and recommendations by the Conference Committee, the Committee of Experts and other international bodies, and the Government’s continued failure to seek assistance from the ILO in that regard justified viewing this case as a serious case of non-compliance.

The Worker member of Eritrea thanked the Committee for giving him the opportunity to intervene and correct certain misconceptions about his country. He expressed concern at the prescriptive approach taken by the Committee of Experts and the IOE concerning the application of the Convention by Eritrea, without having any discernible evidence of the allegations and without considering the reality in Eritrea. Eritrea’s genuine approach on grass-roots indigenous development had not been understood. Without visiting the country, it was virtually impossible to understand the Eritrean reality, the spirit of community belongingness and the people’s passion for peace, stability, growth and prosperity. Eritrea had its unique vision for the future. The country was indeed still facing socio-economic development challenges and was ravaged by war and geopolitical agendas. However, despite all the hardship, it had managed to retain the most cherished values – honesty, integrity, hard work, community and civic duties, for sustainable nation building. It was hoped that the success achieved in implementing the Millennium Development Goals would be further extended during the realization of the Sustainable Development Goals. Regarding the allegations of forced labour, it was inconceivable that a country that was born from the painful struggle for its self-determination and human rights could allow the violation of the human rights of its people, including the systematic use of forced labour in contravention of the country’s values and the principles of the Convention. Eritrea had ratified all the fundamental ILO Conventions, except the Worst Forms of Child Labour Convention, 1999 (No. 182), which was under consideration, and was fully committed to their implementation. The principles of the Conventions were enshrined in the Labour Law, No. 118 of 2001. Eritrean trade unions were active, also in cooperation with international confederations and with the ILO, to protect workers’ rights. In order to discuss the Decent Work Agenda and in particular forced labour and labour migration in Africa, an International Solidarity Conference had been organized, in collaboration with the ILO, in Asmara in March 2016, which had been attended by more than 25 national trade unions, the ITUC and the Organization of African Trade Union Unity (OATUU). Participants at the conference had visited, inter alia, the Bisha Mine. Following the visit, many of the employees of the Bisha Mining Company had been unionized. He added that a formal response had been provided in response to the report of the Commission of Inquiry on human rights in Eritrea, specifying that, in compliance with Article 25 of the Convention, the illegal exaction of forced labour or compulsory labour was punished as a penal offence in Eritrea under the Penal Code, and that section 3(7) of the Labour Proclamation No. 118/2001 provided that the obligation of national service did not constitute forced labour. Eritrea made use of the exceptions under Article 2(2) of the Convention, which included compulsory military service, as well as work which formed part of the normal civic obligations of Eritrean citizens. Eritrean trade unions also regularly ensured compliance with Article 9 of the Convention. While disagreeing with the observations of the Committee of Experts, which equated national service to forced labour, he reiterated his commitment to preventing any such practice should it occur in future. It was to be hoped that the Committee would engage in genuine dialogue with all partners to obtain real information about the situation in Eritrea.

The Employer member of Eritrea stated that it was a procedural violation for the IOE to submit observations on Eritrea to the Committee of Experts without having consulted the Employers Federation of Eritrea (EFE), as a member of the IOE. The allegation therefore had neither legitimacy nor credibility. It was factually baseless. He therefore called on all IOE members to join the EFE in rejecting the unrealistic allegation. The issue of forced labour in the national service programme had been raised in 2015 by the ITUC and then by the IOE in 2017 without substantive information from their respective affiliates. As a matter of fact, the Government was continuously taking measures to mitigate the economic burden of national service members and other employees. At the end of 2015, a new salary scale had been introduced for members of national service, and demobilization was underway. The report of the United Nations Special Rapporteur, on which the Committee of Experts had based its comment, was highly debatable and lacked credibility on many grounds. In general, the allegation was outdated and lacked information on the recent developments regarding the issue under discussion.

The Government member of Bulgaria, speaking on behalf of the European Union (EU) and its Member States, as well as Albania, Bosnia and Herzegovina, Norway, the former Yugoslav Republic of Macedonia and Montenegro, emphasized that the promotion and universal ratification and implementation of the core labour standards was part of the European Action Plan on Human Rights, adopted in July 2015. Eritrea was a Party to the Cotonou agreement, the framework for cooperation with the European Union which required Parties to respect democracy, the rule of law and human rights principles, including the abolition of forced labour. The Proclamation on National Service and the WYDC of 2002 did not comply with the Convention as they established a generalized and systematic practice of the exaction of compulsory labour from the population. She noted with deep concern that a large part of the population could be forced into conscription, that work could be required for an indefinite and arbitrary period of time, and that much of this work went far beyond the exceptions authorized by the Convention. She deeply regretted that, despite previous recommendations of the Conference Committee and the Committee of Experts, the Government had not taken any measures to amend or repeal the legislation. The threat of war should not be taken as a justification to compel a population to undertake compulsory labour for purposes outside the scope of military service or beyond genuine cases of emergency or force majeure. She urged the Government of Eritrea to tackle this situation and respond positively to the ILO’s offer of cooperation and technical assistance and recalled that the EU remained ready to assist Eritrea in meeting its obligations in terms of democratization, human rights and the rule of law, and to support its economic and sustainable development.

The Worker member of Nigeria, also speaking on behalf of the Organisation of Trade Unions of West Africa (OTUWA), recalled that Nigeria had operated a one year national service programme which had been instituted after Nigeria’s civil war, while that of Eritrea was linked to its conflict with Ethiopia. However, Nigeria’s national service programme did not exact forced labour. Its objective was for youth to appreciate the essence of patriotism as well as to consolidate national unity and to provide them with first-hand work experience. The Government of Eritrea was urged to avail itself of ILO assistance to effectively reform and transform its national service legislation and practices to promote youth social and economic empowerment in accordance with the Committee of Experts’ recommendations. Nigeria had a similar experience of a disagreement with a neighbouring State, and the conflict had been resolved amicably with the assistance of the international community. In response to the appeals made by Eritrea, he called for robust technical assistance through the ILO to coordinate an inter-UN agency process for effective follow-up to the peace accord to end the situation of “no war no peace”.

The Government member of Sudan thanked the Government of Eritrea for its great interest in workers and labour matters, as well as in the comments of the Committee of Experts. She affirmed that: (a) the Convention provided that national service was not considered as forced labour when a State was confronted with an emergency; (b) the tripartite constituents in Eritrea had taken action through a number of initiatives taken by the Eritrean Workers’ Confederation and sought the resolution of the issue with the Government following the observations made by the ITUC; and (c) it was important to welcome and praise the positive developments undertaken by the Government of Eritrea. She suggested that it would be better to stop raising the issues mentioned in the observation of the Committee of Experts altogether and to work jointly with Eritrea to support it in implementing international labour standards.

The Worker member of South Africa echoed the concerns of the Worker members over the indefinite military service for conscripts and the lack of viable socio-economic opportunities for youth. Prolonged national military service was the primary reason for fleeing Eritrea: in 2016 and 2017, Eritrean refugees had constituted the fifth largest group of arrivals in Europe via the Mediterranean Sea. According to the International Organization for Migration, 1,184 Eritreans had arrived by sea in Europe since the beginning of 2018. The United Nations estimated that one tenth of the Eritrean population had fled in recent years. The situation was alarming and the lack of individual and collective economic activities could not be sustained. However, by exploiting conscripts for civil and economic purposes, the Government was contravening international law. Working for up to 15 years, without income, in the context of so-called civic obligations and national duty and under a façade of perpetual military duties could no longer be tolerated. The 2017 report of the Special Rapporteur on the situation of human rights in Eritrea indicated that Eritrea’s national service programmes “continued to be arbitrary, extended, and involuntary in nature, amounting to enslavement, as per the findings of the Commission of Inquiry”. The new measures to demobilize conscripts and to rehabilitate them in the national civil service, including the introduction of a salary scale was encouraging, but not sufficient. Such efforts needed to be further strengthened and extended and include the adoption of a broader employment and poverty eradication policy in both the public and private sectors. The Government should therefore be urged to accept the ILO’s technical assistance to develop a time-bound plan of action.

The Government member of Algeria noted with satisfaction the new measures adopted to organize national service and vocational training within the framework of the country’s development programme, in spite of a very difficult situation. He encouraged the Eritrean Government to continue its efforts to meet its obligations under the Convention, in collaboration with the ILO.

The Worker member of Zambia stated that allegations of violations of workers’ and human rights as serious as forced labour needed to be based on solid facts and information. A team of 25 international trade unionists had travelled to Eritrea in 2016 and visited the Bisha Mine, in relation to which allegations of forced labour had been made. No incidents of forced labour had been observed. However, in view of the serious allegations, the Conference Committee, the Committee of Experts and other interested parties should undertake a fact-finding mission to Eritrea to: (a) gather first-hand information on the current situation; (b) objectively assess the progress made by the country in the area of human and trade union rights; and (c) identify challenges and propose the way forward for further improvement in these areas. All trade unions and international organizations were urged to continue supporting the National Confederation of Eritrean Workers in capacity building and international trade union solidarity.

The Government representative called for a complete understanding of the issue which could lead to a real solution. It was sad to hear comments that the force majeure in the country was false, when the issue of the national service programme was directly related to the extensive occupation of Eritrean territory by Ethiopia. Peace was a precondition for implementing international labour standards and occupation did not allow for that to happen. In this context, solidarity was essential for development. The fact that national service members had participated in non-military activities was not denied by the Government. However, it had been performed due to the force majeure, not for the purpose of economic development. Eritrea would not have imposed forced labour on its own population; on the contrary, it wanted to abolish forced labour altogether. However, even if legislation was amended, the root cause of the problem would still remain, namely, the occupation of Ethiopia, which needed to be addressed. The discussion based on the unwarranted allegations did not help Eritrea to apply international labour standards. The Government did not reject any technical assistance, provided that it addressed the root causes of forced labour and led to peace and re-stabilization. Considering the seriousness of the circumstances which were not fully understood by others, Eritrea had had to take unilateral action. Furthermore, Eritrea had started and would continue to improve the situation. In this regard, the measures undertaken included the introduction of an adequate salary scale for members of the national service and the rehabilitation of former national service members within the civil service. The WYDC had only been implemented between 2006 and 2015 and had been terminated since then. It was also necessary to clarify that the allegation of the involvement of children under 18 years was not true.

Another Government representative highlighted the procedural issue regarding the submission of the IOE’s observations. The fact that the EFE, as a member of the IOE, had not been consulted before the submission of the observations to the Committee of Experts needed to be taken into consideration. He added that, considering the reconstruction and development process of European countries in history, Eritrea should not be treated differently. Due to the continuation of force majeure, there was no alternative to the national service programme. For the same reason, no specific time frame could be established in this regard. In conclusion, he again underlined that Eritrea was willing to engage with the international community and was open to the technical assistance proposed. However, mutual trust was vital and any cooperation should come with a better understanding of the real situation in Eritrea.

The Worker members thanked all speakers and the Government representatives from Eritrea for the information they had provided to the Committee. Although peace, stability and rights were closely linked, it was regrettable that the Eritrean Government had cited in its defence the difficult diplomatic situation with neighbouring Ethiopia to justify its institutional abuses against the Eritrean population and the denial of basic human rights. It was also regrettable that the Government continued to understate and deny the very serious violations in question. It was necessary to put an end to open-ended national service by suspending the WYDC and repealing the Proclamation on National Service. It was also important to end the use of conscripts for work that was not of a strictly military nature. Many reports suggested that conscripts were working for the private sector, which found in them a labour force that was submissive, because they were oppressed and cheap. That must stop. The Government of Eritrea should finally recognize that the situation in the country did not allow it to invoke force majeure to justify the completion of non-military tasks as part of compulsory national service. It should bring an end to the military conscription of children, a practice which was not tenable in the country or acceptable at the international level. The Government should also take urgent measures to protect female conscripts from harassment and sexual violence. The Worker members asked the Government to explain the many allegations of killings, torture, kidnappings and other abuses within the framework of national service. It was critical for Eritrea to change its image as a penitentiary colony. To that end, the Government must shut all secret detention centres, guarantee the safety of detainees, ensure they had access to medical treatment and provide adequate detention conditions, in accordance with international law. It should also put a stop to reprisals against the families of people who had fled the country. An independent mechanism should be established allowing conscripts to file complaints of mistreatment and obtain redress when they had been harmed within the framework of their work obligations. As recommended in 2015, the Government of Eritrea should request the ILO to provide technical assistance with a view to developing an action plan, in consultation with the social partners, to revise military service legislation. It should also put in place a national employment policy and a policy on eradicating poverty.

The Employer members concluded that the key to the issue was that the Government recognized that national service was taking place, but justified it as the force majeure exception under the Convention. In view of its continuing non-compliance with the Convention, including with respect to the use of the force majeure exception, the Government was encouraged to avail itself of the technical assistance of the ILO and was urged to cooperate with the ILO, including by submitting reports based on the recommendations of the Committee.

The Government representative raised a point of order and stated that the discussion should be limited to issues raised under Convention No. 29, while some political issues such as those mentioned by the Worker members, did not fall within this scope. He again raised the question of whether the IOE had the right to submit observations without having consulted the EFE. He asked for explanations from the IOE.

The Employer members clarified that the IOE had not made a complaint to this Committee in relation to the case under discussion.

Conclusions

The Committee took note of the oral information provided by the Government representatives and the discussion that followed relating to the large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of programmes related to the obligation of national service. These members of the national service also perform other duties, including a whole range of economic activities. The obligation to perform compulsory national service was stipulated in the Proclamation on National Service of 1995 and the Warsai Yakaalo Development Campaign of 2002.

The Committee noted that the Government has declared that the Warsai Yakaalo Development Campaign is no longer in force, that a number of conscripts have been demobilized and are now under the civil service with an adequate salary. In view of these specific circumstances, the Government has declared that the exceptions to Article 2(2) of Convention No. 29 relating to cases of emergency justify the prolongation of the duration of conscription beyond the statutory 18 months established in the Proclamation on National Service of 1995.

Finally, the Committee noted the Government’s statement that it wished to avail itself of technical assistance.

Taking into account the Government’s submissions and the discussion that followed, the Committee urged the Government to:

- amend or revoke the Proclamation on National Service to bring to an end forced labour;

- ensure the cessation of the use of conscripts for the exaction of forced labour in line with Convention No. 29;

- avail itself without delay of technical assistance in order to fully comply with its obligations under Convention No. 29; and

- report to the Committee of Experts before 1 September 2018 on its progress in implementing the conclusions of this Committee.

The Government representative indicated that procedurally, his country had been treated in a different way than other countries. As it was not known who had sent observations to the Committee of Experts on the application of the Convention in his country, the allegations should have been discarded from the outset. The Conference Committee had not taken into account the real situation on the ground so as to formulate an accurate opinion on the seriousness of the root causes standing in the way of full implementation of the Convention. Consequently, this genuine case of force majeure which was compatible with the Convention was not being acknowledged as such. The Committee was highly dependent on unrelated and unreliable external sources of information and mistrusted the Government’s statements concerning, for example, the obsoleteness of the WYDC. There was no appreciation of the mitigating measures taken by the Government, such as for example, the progress made in improving the salary scale of the National Service members and integrating them in the civil service. The Government would consider ILO technical assistance provided the assistance led to addressing the root causes of the problem.

His Government believed that human rights were indivisible, interdependent and universal and remained fully committed to them including in the area of labour. Even though his Government was engaged to work jointly with the ILO on all outstanding issues with technical support to mitigate the root causes, he hardly agreed with the conclusions as they were mainly the result of unrealistic information that did not reflect reality.

Individual Case (CAS) - Discussion: 2015, Publication: 104th ILC session (2015)



A Government representative expressed the view that the national laws were compatible with the requirements of the Convention. Compulsory national service was an exception to the term of forced labour under section 3(17) of the Labour Proclamation of Eritrea (No. 118 of 2001). Not only compulsory national service, but also normal civic obligations, compulsory labour as provided for in the Penal Code, communal services and services rendered in case of emergency could not be considered as forced labour. The Committee of Experts had indicated that, under the Convention, compulsory military service was excluded from the scope of the Convention only where conscripts were assigned to work of a purely military character. The Proclamation on National Service (No. 82 of 1995) was also designed for a military purpose. Furthermore, sections 6 and 8 of the Proclamation, which provided that Eritrean citizens who had attained the age of 18 and above had the obligation to render national services for 18 months, were compatible with the Convention, as Article 2(2)(b) provided that forced or compulsory labour should not include any work or service which formed part of the normal civic obligations of citizens. The Government of Eritrea agreed with the comment of the Committee of Experts according to which in specific circumstances, such as in cases of emergency, conscripts might be called upon to perform non-military activities. The Government also agreed with the indications of the Committee of Experts that the power to call up labour should be confined to genuine cases of emergency or force majeure, that is a sudden and unforeseen happening as provided for in Article 2(2)(d) of the Convention. However, the Conference Committee should understand the peculiar and genuine cases of emergency and the current situation in the country. The ongoing border conflict and the absence of peace and stability had been affecting the labour administration of the country. In view of the “no peace, no war” status, it was not possible to implement the final and binding decision of the Boundary Commission, and the international community was not playing its appropriate role in this regard. Moreover, there were unpredictable weather conditions which further contributed to a “threat of war and famine”. In view of these specific circumstances, the exception in Article 2(2)(d) of the Convention relating to cases of emergency applied. This justified the prolongation of the duration of national service beyond the stipulations in the Proclamation on National Service, and the adoption by the National Assembly in 2002 of the Warsai Yakaalo Development Campaign (WYDC). Compulsory services were strictly limited to the requirements of the current situation and community interests, and were not used for the benefit of private companies or individuals. The relevant post-war development campaign programmes were related mainly to labour in the areas of reforestation, soil and water conservation, as well as reconstruction activities and food security. Concerning the implementation of the Proclamation on National Service, the Government had no problem with conscripts leaving the service upon completion of their service of 18 months during peacetime, and in fact, before the start of the Eritrean–Ethiopian border conflict in 1998, there had been demobilizations. However, because of that border conflict, conscripts could not leave their service upon completion of the 18 month period. Contrary to the view expressed by the Committee of Experts, there were no large-scale and systematic practices of imposing compulsory labour on the population for an indefinite period of time within the framework of the national service beyond the exceptions provided for in the Convention. Hence, no forced or compulsory labour had been carried out in Eritrea in violation of the Convention. The Government had no intention of using national service in all-round activities or of extending the duration of such service indefinitely. Despite the threat of war and famine, the Government was demobilizing conscripts due to health and other social issues, and was planning in the near future to demobilize conscripts, in accordance with the Proclamation on National Service. However, these positive measures taken by the Government would not be able to achieve a lasting solution unless the major cause that affected the labour administration was tackled. He therefore called upon the ILO and the international community to play their role to influence the implementation of the final and binding decision of the Boundary Commission.

The Worker members said that the systematic and generalized practice of forced labour in Eritrea, which had been criticized for years, but to no avail, had been classified by the Committee of Experts as a double-footnoted case. In its interim report in March 2015, the United Nations Commission of Inquiry on Human Rights on Eritrea had found that compulsory and indefinite national service, combined with abusive government policies and practices, exposed workers to forced labour. Those practices were accompanied by arbitrary arrest and detention, extrajudicial executions and other violations of human rights. In accordance with the Proclamation on National Service, all Eritrean nationals between the ages of 18 and 40 were subject to “the obligation to perform compulsory national service”, which consisted of six months of military training and 12 months of active military service, in addition to economic development work within the armed forces. Moreover, the introduction in 2002 of the WYDC had institutionalized conscription for an indefinite period, as all citizens between the ages of 18 and 50 (40 for women) remained conscripted indefinitely for compulsory national service. There were two categories of conscripts: those who were conscripted into the army and were also assigned to non-military work, particularly in agriculture and construction; and those engaged in civil administration and who were permanently assigned to infrastructure projects, education and construction. Private enterprises were also authorized to have recourse to such labour through the WYDC. In such cases, wages were paid directly to the Ministry of Defence, which paid a much lower wage to the conscripts. That practice was common in the mining industry, and particularly in the Bishna mine.

In accordance with Article 2(2)(a) of the Convention, so as not to constitute forced labour, work exacted in the framework of compulsory military service had to be of a purely military character, in order to prevent conscripts from being assigned to public works. That limitation had its corollary in Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), which prohibited the exaction of forced or compulsory labour “as a means of mobilising and using labour for purposes of economic development”. The practices adopted by the Government of Eritrea went well beyond the context of the exception envisaged by Convention No. 29 as they allowed conscripts not only to be used for ordinary public works, but also in the private sector. Persons who did not comply with the requirement to perform national service were liable to severe penalties of up to five years of imprisonment and the suspension of other rights. Indeed, a military police force had been created for that purpose. Those who nevertheless managed to escape from national service left the members of their families at enormous risk, as they were considered by the Government to be guilty “by association” and liable to a fine of ERN50,000 (around US$3,350). If they could not pay that sum, family members were detained. Other reprisals, such as the non-renewal of commercial licenses, were also exacted. The situation was made worse by the inhuman and degrading prison conditions, in overcrowded prisons, unhealthy cells, and inadequate and insufficient food. As a result, many detainees fell ill, and medical services were inadequate. In addition, torture and ill-treatment were common. Contacts between detainees and their families were difficult, as families were not informed of the place of detention of their relatives, nor the reasons or length of detention. In view of the heavy prison sentences imposed in cases of refusal to perform national service, the conditions of detention and the reprisals against families, there could be no doubt that the work performed in the framework of national service was undertaken under the menace of penalties and that the persons concerned did not offer themselves for such work voluntarily. The Worker members also expressed concern with regard to the incidence of such practices in the case of women and children. Various reports had shown that almost one third of new conscripts at military training centres were under 18 years of age. Students during their last year of secondary school were required to engage in intensive military training in Sawa and students in their 12th year of school received military training before being transferred directly to the national service programme. In the case of women, who were also subject to compulsory military service, they were particularly vulnerable to the risk of harassment and sexual violence, and were forced to carry out domestic work in addition to their military functions. In view of the forced and indefinite conscription, tens of thousands of Eritrean nationals were fleeing their country, often at the risk of their lives, whether to Sudan or in an attempt to reach Europe, as illustrated by the Lampedusa tragedy, where the immense majority of the 359 victims were from Eritrea. As emphasized by the Committee of Experts, the present case was particularly serious and worrying. Eritrea was more of a penal colony than a State. The exaction of forced labour in the framework of national service was not only characterized by terrible abuses and the flagrant exploitation of workers, but also a humanitarian crisis, of which women and children were the principal victims. The Government needed to repeal with immediate effect the Proclamation on National Service and bring an end to the WYDC.

The Employer members welcomed the information provided by the Government. They noted the challenges faced by the Government due to the “no peace, no war” situation and also noted that the Government had requested the Committee to understand the genuine circumstances of the situation in the country. The Government continued to argue that work imposed under national service was intended for military purposes and that it formed part of the normal civic obligations of citizens as provided for in the exceptions in Article 2(a) and (b) of the Convention. The Government had also explained that the non-existence of peace, “threats of war and famine” and unpredictable weather conditions constituted cases of emergency, an exception provided for in Article 2(d) of the Convention. While the Employer members appreciated that the Government had provided explanations, they remained concerned about them. The Government had admitted that in view of the border conflict, and the “no peace, no war” situation, the original assignment of conscripts between 18 and 40 years of age for a period of 18 months had been extended, and that this practice had been institutionalized with the WYDC adopted in 2002. The Government had also admitted that conscripts could not leave national service. It had further confirmed that the duty of citizens in national service, as required under article 23(3) of the Constitution, not only included work of a military character, but also the building of roads and establishment of services, programmes of reforestation, soil and water conservation, reconstruction activities and food security. As a consequence, the broad scope of national service, encompassing civilian life, exceeded military purposes, as observed by the Committee of Experts. The Employer members recalled the obligation of all ratifying member States to eliminate all forms of forced labour. While the Committee of Experts had been making comments to Eritrea in recent years regarding the implementation of this obligation, the explanations of the Government had been the same for a number of years. The practice of imposing compulsory national service for an indefinite period did not fall within the exceptions set out in the Convention and was therefore incompatible with the Government’s obligations under the Convention to eliminate forced labour for state development. The Employer members urged the Government to amend or repeal the Proclamation on National Service and the WYDC of 2002, and to engage in consultations with the representatives of social partners in this regard. They stated that this was a serious matter requiring immediate action by the Government in order to bring national law and practice into line with the Convention.

The Worker member of Eritrea said that the ongoing process of reconstruction, stability and restoration of peace in Eritrea, following the decimating war, was difficult, slow and frustrating. This had contributed to a situation in which issues related to the world of work were often misrepresented. This was the case with the observation of the Committee of Experts regarding the use of forced labour in Eritrea. Eritrean workers were committed to the goal of reconstructing their communities after the devastation of the war and were ever ready to make sacrifices for it. However, they did not and had not encouraged the fact that those sacrifices were forcefully extracted. While reports containing misinformation and making general conclusions about the situation of forced labour in Eritrea were not helpful, he requested both technical and financial support from the ILO to build capacity in order to reinstate the 18 month national service, including through social national tripartite dialogue and consultation. This assistance was needed and should be provided so that Eritrea could steadily and gradually address these issues. Eritrean workers would welcome that assistance and cooperate with friendly and supportive partners. Finally, he urged the international community to play its role for the implementation of the Border Commission decision, which was final and binding.

The Employer member of Eritrea emphasized that the country was fighting not only for its independence, but also to ensure social justice. After Eritrea had gained independence in 1991, the Government had begun to demobilize ex-fighters and had initiated several economic and social programmes aimed at ensuring their capacity to earn their living. Unfortunately, a border war had been undermining these efforts. As a result, thousands of lives had been lost and tens of thousands of people had been displaced. Following the mediation by the international community, an agreement had been signed leading to a decision of the Boundary Commission, which was final and binding. Nonetheless, that decision had not been implemented for the past 13 years, resulting in a situation of “no peace, no war”. Until those conditions improved, the defence and sovereignty of the country had to remain a priority, requiring a compromise with respect to some national proclamations and ILO Conventions. The international community should play its role in the implementation of the decision taken by the Boundary Commission, which would solve the real cause of the problem.

The Government member of Latvia, speaking on behalf of of the European Union (EU) and its Member States, emphasized that the promotion and universal ratification and implementation of the eight fundamental ILO Conventions was part of the European human rights strategy adopted in 2012. In the framework of its cooperation with the EU, compliance with the Convention was essential, taking into account that Eritrea had expressed its commitment to the respect of human rights, including the abolition of forced labour, under the Cotonou Agreement. The Committee of Experts had requested the Government to take all necessary measures to amend or repeal the Proclamation on National Service and the WYDC of 2002 in order to remove all legislative provisions allowing for the exaction of forced labour within the context of national service. She called on the Government of Eritrea to respond to the requests of the Committee of Experts and to cooperate with the ILO. She also expressed the readiness of the EU to cooperate to ensure the full enjoyment and development of human rights in the country.

The Worker member of Sweden said that some of the reasons for the desperate and dangerous decisions taken by Eritrean migrants were forced labour, prolonged military conscription, arbitrary arrests, torture, appalling detention conditions, disappearances and severe restrictions on freedom of movement in the country. She recalled that many victims of the Lampedusa disaster had been Eritreans who had run away from servitude-like conditions. Furthermore, according to the United Nations High Commissioner for Refugees (UNHCR), an average of 5,000 Eritrean refugees, including unaccompanied minors, fled the country every month. This number did not include non-registered migrants, many of whom resorted to smugglers and traffickers to leave the country in order to avoid the heavy sanctions imposed for unauthorized travel. Eritrean migrants were reported to be victims of massive extortion, kidnapping, sexual assault, and the trafficking of body parts. Although the country should have shown the necessary responsibility to bring this situation to an end, the regime continued to deny entry to the United Nations Special Rapporteur on the situation of human rights abuses in Eritrea. In her 2014 report, she had indicated that the refugee exodus was being fuelled by alleged abuses, including extrajudicial executions, torture and forced military conscription of indefinite duration. Finally, she had called on the Eritrean regime to act responsibly on the issue, cooperate with partners committed to ending such abuses and to progressively review procedures and practices regarding refugees and migration issues.

The Worker member of Canada addressed the issue of the use of national compulsory service for non-military economic development, and indicated that the ruling party owned a national construction company which employed forced labour to build roads, housing and other earthworks throughout the country. This had been confirmed by examining the activities of the company conducted in association with large foreign multinationals from Australia, Canada, China and the United Kingdom which were exploiting some of Eritrea’s substantial mineral deposits. She referred in particular to a Canadian-owned company which had operated the Bisha mining project since 2010. Data showed that this company was one of the largest foreign investors in Eritrea and that Eritrea was Canada’s largest source of gold from sub-Saharan Africa. Eritrea virtually compelled foreign multinationals to subcontract their construction activities to this Eritrean company, thereby contracting them out to forced labour. This had come to light following a lawsuit launched in Canada against the related Canadian multinational by a number of Eritreans who had worked for the subcontracted company. The complainants asserted that it had conspired with the Eritrean Government to force them and other conscripted workers to work at the Bisha mine, with low pay, poor housing, insufficient medical services and inadequate food. A 2013 Human Rights Watch report confirmed these allegations. She wondered why the issue had not been identified by the Canadian Government’s corporate social responsibility programme or rectified once it came to light. Diplomatic relations with Eritrea should make clear that countries would not allow investment flows to industrial projects using forced labour. While Eritrea was responsible for the use of forced labour, foreign companies and investors should not benefit from it, and governments should make sure that these abuses did not occur.

The Worker member of Ghana, also speaking on behalf of the Worker members of Nigeria and Sierra Leone, said that hundreds of young men, women and children in search of a place to pursue their life’s aspirations engaged in life-threatening and dangerous escapes to Europe, often resulting in their death. Many of these young people were Eritreans who were pushed out of the country in large part by the situation of emergency, perpetual militarization and the situation relating to compulsory national service, as described by the Committee of Experts. This situation continued to constrain individual and collective economic activities. Although the border situation with Ethiopia in the war of 1998–2000 had triggered this practice, the WYDC adopted in 2002 allowed the conscription of all citizens between the ages of 18 and 40 for an indefinite period to national service. The perpetuation of militarization was no longer justifiable. The Government’s statement that the obligation to perform compulsory national service formed part of the exceptions provided for in the Convention was clearly erroneous. Ample evidence existed that people had worked for up to 15 years, in some cases with supressed incomes, within the context of so-called normal “civic obligations” and under a camouflage of perpetual military duties. The Government of Eritrea was therefore using the national service arrangements to shore up national economic development efforts, which was contrary to the spirit and letter of the Convention. Recalling that, although international human rights law gave the people of Eritrea the right to work for the advancement of their individual goals and ambitions, and the importance of Eritrean citizens contributing to ensure national economic prosperity, he nonetheless emphasized that forced labour could not be the way to pursue such goals. The Government should therefore be urged to accept ILO technical assistance.

The Government representative emphasized that the Government was opposed to forced labour, that it was currently working towards its abolition, and that it would continue to work towards this objective. He indicated that the root cause of this issue was related to the situation of the country as referred to in his earlier statement. The current conditions were not being used as an excuse to promote forced labour, but they were such that the Government was forced into this situation. He once again emphasized that it was important to address the root cause of forced labour, namely the “no peace, no war” situation, rather than to look at the outcome. This situation was not only the root cause of forced labour, but also of other problems. He called on the Conference and the ILO to work together to address the border conflict issue and the situation of “no peace, no war” to achieve peace and stability in the country. Without a solution in this regard, there would be drawbacks, even if laws and regulations were improved. When seeking a solution, all issues should be addressed, including technical aspects relating to labour issues and forced labour. He said that the Government looked forward to working together to try to influence and implement the final and binding decision of the Boundary Commission.

The Employer members once again thanked the Government for the information provided. They wished to make clear that they were sensitive to the difficult context and the challenges relating to the border conflict and the specific circumstances referred to by the Government. However, they indicated that it was important for the Government to understand the very serious concerns they had concerning the reiterated explanations provided by the Government in relation to the application of the Convention. In this regard, they remained concerned that the Government did not fully appreciate the comments of the Committee of Experts concerning the issue of forced labour which continued to exist in the framework of national compulsory service. They nevertheless believed that the Government was willing to work together with the ILO to understand more fully its obligations under the Convention, which were applicable despite the current context. They therefore recommended that the Government should accept ILO technical assistance in order to achieve the objective of eradicating forced labour in the context of national service, as well as measures to amend or repeal the Proclamation on National Service and the WYDC of 2002.

The Worker members said that, while they understood the difficulties Eritrea faced, the fact remained that the population was directly affected as a result and was suffering. The response to these difficulties should not be to force the population to work and, moreover, to do so in terrible conditions. The excessive militarization of society had created a situation in which human rights violations stemmed from legislation and the policies and practices followed by the Government. A large proportion of the population was subjected to forced labour through indefinite national service, which included compulsory non-military work. The Government should therefore be called upon to: put an end to indefinite national service by abolishing the WYDC and repealing the Proclamation on National Service; terminate the use of conscripts to perform work that was not purely military in nature, particularly in the private sector; end the military conscription of children; investigate allegations of killings, torture, kidnappings and other violations committed in the context of the national service; close secret detention facilities, guarantee the physical integrity of prisoners, and ensure they had access to medical treatment, as well as adequate detention conditions, in accordance with international standards; and put a stop to reprisals, such as the extortion of money, against the families of deserters. Given the systematic exaction of forced labour that had been practised in Eritrea for many years, the Worker members had considered that the inclusion of this case in a special paragraph of the Committee’s report was justified. However, the Government had recognized that the difficulties faced by the country did not excuse the imposition of forced labour and had asked the ILO for technical assistance. The Worker members therefore requested, in view of the serious and urgent nature of the situation, that direct contact should be established between the Office and the Government in order to support the country in meeting its obligation to end forced labour and to consider what technical assistance could be provided.

Conclusions

The Committee took note of the oral information provided by the Government representative on the issues raised by the Committee of Experts and the discussion that followed relating to the large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of the national service programme which encompassed all areas of civilian life and was therefore much broader than military service. These members of the national service also performed other duties, such as participating in the construction of roads and bridges, reforestation activities, soil and water conservation and activities aimed at food security. The obligation to perform compulsory national service was stipulated in the Proclamation on National Service of 1995 and the Warsai Yakaalo Development Campaign of 2002. The discussions had also highlighted that workers who refused to carry out work within the framework of the national service were faced with arbitrary arrest and detention and imprisonment in inhumane conditions.

The Committee noted the Government’s indication that its national laws were compatible with the requirements of Convention No. 29 since compulsory national service, normal civic obligations, communal services and services rendered in case of emergency could not be considered as forced labour. The Government highlighted that the ongoing border conflict and the absence of peace and stability had affected the labour administration of the country. In view of the “no peace, no war” status, it was not possible to implement the final and binding decision of the Eritrea–Ethiopia Boundary Commission. Moreover, there were unpredictable weather conditions which further contributed to a “threat of war and famine”. In view of these specific circumstances, the exceptions in Article 2(2) of Convention No. 29 relating to cases of emergency applied, which justified the prolongation of the duration beyond the stipulations in the Proclamation on National Service of 1995 and the adoption by the National Assembly in 2002 of the Warsai Yakaalo Development Campaign. The cases of compulsory services were strictly limited to the requirements of the current situation and community interests, and were not used for the benefit of private companies or individuals. The Government had no intention of using national service in all-round activities and to extend the service duration indefinitely. Despite the threat of war and famine, the Government was demobilizing conscripts due to health and other social issues. Finally, the Committee noted the Government’s statement that it wished to avail itself of ILO technical assistance.

Taking into account the discussion that took place, the Committee urged the Government to:

• accept ILO technical assistance in order to fully comply with its obligations under Convention No. 29;
• amend or revoke the Proclamation on National Service and the Warsai Yakaalo Development Campaign of 2002 to bring to an end forced labour associated with the national service programme, and ensure the cessation of the use of conscripts in practice in line with Convention No. 29; and
• immediately release all imprisoned “draft evaders” who refused to participate in conscription exacted in contravention of Convention No. 29.

The Government representative said that he could not accept the allegations and misinformation concerning alleged child soldiers and extortion. He urged the ILO and the international community to assist in implementing the binding decision of the Eritrea–Ethiopia Boundary Commission.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2(2)(c) of the Convention. Prison labour. In its previous comment, the Committee requested the Government to indicate whether prisoners, who are under the obligation to work under section 73 (2) (d) of the 2015 Penal Code, perform work for private entities. The Committee notes that the Government indicates in this regard that prisoners cannot perform work for a private entity.

Article 2(2)(e). Minor communal services. In its previous comments, the Committee noted that under section 3 (17) of the Labour Proclamation No. 118 of 2001, the expression “forced labour” does not include “communal services”. It also noted that communal services had been undertaken for many years, including in relation to activities for soil and water conservation, roads, and reforestation projects, and requested the Government to take measures to regulate participation in such services, with a view to ensuring that work exacted in these situations is limited to “minor communal services” as defined by the Convention.

The Committee notes the Government’s indication that, under section 3(17) of the Labour Proclamation the expression “communal services” is limited to “minor communal services” as defined by the Convention, which are not designed for general or local public works. Such "minor services" include works connected with village cleanliness or sanitation of the vicinity of the communities concerned, the maintenance of paths and tracks of watering places, certain buildings intended to improve the social conditions of the community, work in small irrigation and streams of purely local interest. The Government further indicates that the elderly people of the community are closely consulted on the need for communal services, and that the performed services are afforded within short periods of time in the direct interest of the community and are not intended to benefit a wider group. The Committee observes from the information provided that in practice communal services are limited to minor communal services in the sense of the Convention (work primarily relating to small-scale and short-term maintenance work performed in the direct interest of the community and for which the community has been consulted). The Committee encourages the Government to regulate the participation of the population in communal services taking into account these parameters.

Article 25 of the Convention. Penal sanctions for exaction of forced labour. The Committee previously noted the adoption of a new Penal Code in 2015. It notes the Government’s indication that this Code has not officially been put in practice and that no cases of forced labour has been reported from criminal courts or the labour inspection.

The Committee observes that the Eritrean Transitional Penal Code of 1957, which is still in force, provides for the following offences:

• –enslavement or trafficking of a person, which is punishable with imprisonment from five to twenty years and a fine (section 565);
• –compelling another person by intimidation, violence or fraud to accept employment or accept particular conditions of employment, which is punishable with simple imprisonment or a fine (section 570);
• –trafficking of women, children, and young persons for prostitution, which is punishable with imprisonment of up to five years and a fine (section 605).

The Committee further notes that the 2015 Penal Code criminalizes:

• –enslavement or trafficking of a person, which is punishable with imprisonment from seven to ten years (section 297);
• –compelling another person by intimidation, violence or fraud to accept employment or accept particular conditions of employment, which is punishable with imprisonment from six to 12 months or a fine (section 299);
• –trafficking of women, children, and young persons for prostitution, which is punishable with imprisonment from five to seven years (section 315).

The Committee further notes that, in its 2019 concluding observations, the United Nations Human Rights Committee refers to alleged cases of enslavement and the absence of prosecution of alleged perpetrators. It also expresses its concern at the fact that, due to several restrictions with regard to exit permits, persons attempting to leave the country are compelled to resort to clandestine alternatives, which make them vulnerable to trafficking in persons, and regrets the lack of information about investigations of cases of trafficking (CCPR/C/ERI/CO/1, paras 13 and 33).

The Committee further observes that, from the wording of the above-mentioned legislative provisions, it is not clear whether they cover cases of trafficking of male persons for sexual exploitation, and cases of transnational trafficking (for both labour and sexual exploitation).

Recalling that the Convention protects persons from any form of forced labour, including trafficking (national and transnational) for both labour and sexual exploitation, the Committee requests the Government to: (i) clarify under which provisions of the criminal legislation cases of national and transnational trafficking in persons (both men and women) for labour or sexual exploitation can be investigated and prosecuted; (ii) indicate the measures taken to provide training and to strengthen the capacities of law enforcement bodies to detect, investigate and prosecute cases of forced labour, including trafficking in persons; (iii) provide information on the application in practice of sections 565, 570 and 605 of the Transitional Penal Code; and iv) once the 2015 Penal Code officially enters into force, provide information on the application in practice of its sections 297, 299 and 315.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1) and 2(1) of the Convention. Compulsory national service. For a number of years, both the Committee and the Committee on the Application of Standards (in 2015 and 2018) have been urging the Government to review the Proclamation on National Service (No. 82 of 1995), which establishes a system of compulsory participation in national service for all citizens aged between 18 and 50 years, that goes beyond the exceptions authorized by the Convention. Compulsory national service includes active national service and service in the reserve army. Active national service, which concerns all citizens aged between 18 and 40 years, is divided into two periods: six months of active military service in the National Service Training Centre, and 12 months of active military service and development works in the military forces (section 8). According to section 5 of the Proclamation, in addition to military objectives, the national service includes “enhancing the economic development of the country”. The Committee also noted that, in practice, the conscription of all citizens for an indeterminate period had been institutionalized through their participation in different programmes. The Committee noted the Government’s indication that the national service was a necessary measure of self-defence in the context of the armed conflict with Ethiopia, but measures had been taken to start demobilizing conscripts. The Committee welcomed the peace agreement concluded between Ethiopia and Eritrea in 2018 and requested the Government to ensure that the work exacted from citizens within the framework of compulsory national service be limited to work of a purely military character, and that its duration responded only to the exigencies of the situation.

The Committee notes the Government’s indication that a large-scale demobilization in the context of national service has taken place, especially for women and other segments of society, so that many conscripts have been demobilized and are now under the civil service with an adequate salary. Most national service conscripts are assigned to civilian functions in the civil service or other public sectors and, at present, there is no national service beyond the statutory 18 months. The Committee further notes the Government’s indication that even though a peace agreement was concluded with Ethiopia, the Tigray’s People’s Liberation Front (TPLF) poses a threat to the sovereignty of the country, against which Eritrea is obliged to defend its territorial integrity. Therefore, conscripts might be called upon to perform military activities in explicit circumstances at times of emergency.

The Committee further observes that in its report of 6 May 2022, the United Nations Special Rapporteur on the situation of human rights in Eritrea points out in relation to the National Service Programme that: (i) while the 2018 peace agreement with Ethiopia brought hopes for reform of the national service programme, it has not led to demobilization, and no meaningful changes have ever been introduced; (ii) further to the involvement of Eritrean forces in the war in Ethiopia, the Government has justified indefinite conscription as necessary to defend the country against the TPLF; (iii) under the national service programme thousands of citizens are subjected to a government-sponsored system of forced labour, working for very little pay, and without having any choice in their profession or work location; and (iv) draft evaders and deserters are routinely punished with detention in highly punitive conditions, and often subjected to torture and inhuman or degrading treatment (A/HRC/50/20, paragraphs 23, 31 and 22).

The Committee notes with deep concern that the above-mentioned information points to the reinstituted mobilization of citizens for indefinite periods of time, and that no reform of the Proclamation on National Service (No. 82 of 1995) has taken place with a view to limiting the nature of tasks conscripts are required to undertake under the active national service. In this respect, the Committee wishes to emphasize that in order to be excluded from the definition of forced labour, the compulsory labour required under the active national service must be limited to work of a purely military character (compulsory military service) or to tasks aimed at addressing exceptional situations, such as war or a natural disaster. In both cases, the conditions and duration of the work should strictly respond to the exigencies of the situation. The Committee reiterates that the exceptions provided for in the Convention under Article 2(2)(a) and (d) do not allow governments to use national service obligations to compel citizens to participate in development works or programmes or to undertake civil functions in the public services. This is also in violation of Article 1(b)of the Abolition of Forced Labour Convention, 1957 (No. 105), which prohibits the use of compulsory labour “as a method of mobilizing and using labour for purposes of economic development”.

The Committee recalls that in the context of the ILO Technical Advisory Mission that took place in Eritrea in July 2018, the Government indicated that the national service was critical to ensure the country’s development and its very existence but was open to cooperating with the ILO to ensure the effective application of the Convention, including by moving forward with the demobilization process.

While acknowledging the current security concerns of the country, the Committee once again urges the Government to reform the national service with a view to ensuring that: (i) the work exacted from conscripts is limited to military training, or work of a purely military character or to tasks aimed at addressing exceptional situations, such as war or a natural disaster; and (ii) in practice the duration and conditions of such work respond specifically to the exigencies of the situation. The Committee also requests the Government to ensure that the assignation of persons under the national service obligation to undertake civil service functions takes place on a voluntary basis. The Committee reminds the Government that it may avail itself of ILO technical assistance in this regard.

The Committee is addressing other issues in a request addressed directly to the Government.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(2)(c) of the Convention. Prison labour. In its previous comments, the Committee noted that compulsory labour may be imposed as an alternative to a short-term prison sentence, in accordance with article 102 of the Transitional Penal Code of 1991. With reference to the compulsory labour of persons convicted to a sentence of imprisonment, as set out in article 110 of the Transitional Penal Code, the Government indicated that the work is assigned by the Director of Prisons and that the prisoner is entitled to receive compensation if the work and conduct are satisfactory. The amount of daily compensation and the conditions for execution of the sentence are governed by the Prison Regulations. The Committee requested the Government to indicate whether the Director of Prisons may assign work to a prisoner to be carried out for a private entity and the conditions under which such work is performed. The Committee also requested the Government to provide the text of the Prison Regulations or any provision governing the conditions of work of persons convicted to a sentence of imprisonment.

The Committee notes the absence of information in the Government’s report. However, the Committee notes that a new Penal Code was adopted on 15 May 2015. According to its section 73(d), prisoners who are able to work are compelled to work in tasks suited to their ability, for such compensation as is deemed reasonable under the law. Moreover, according to section 88(1), a court may propose to an offender the choice of performing community work as a condition of a suspended sentence and probation, or in lieu of a financial penalty imposed which the offender is unable to satisfy. Section 88(4) provides that community work includes work on projects designed to benefit the welfare of the public and society, including projects to improve education, public lands, public health, public facilities and public roads, and that community work may not confer a benefit to a private individual or business except as may be incidental to the public benefit. Noting that prisoners have an obligation to work under section 73(d) of the 2015 Penal Code, the Committee requests the Government to indicate whether prisoners may perform work for a private entity and the conditions under which such work is performed. The Committee also requests the Government to provide information on any provision governing the conditions of work of persons convicted to a sentence of imprisonment, including a copy of such provisions.

Article 2(2)(e). Minor communal services. In its previous comments, the Committee noted that, under the terms of article 3(17) of the Labour Proclamation, the expression “forced labour” does not include “communal services”. It requested the Government to describe in greater detail the communal services carried out by the population, providing specific examples of the services carried out, with an indication in particular of whether persons who refuse to participate in communal services are liable to penalties. The Government indicated that communal work mainly relates to soil and water conservation and that, through such work, many micro-dams, roads and reforestation projects had been carried out over the past 25 years. Schools and medical centres had also been built to provide essential services for the communities concerned. It added that the members or representatives of communities were frequently consulted on the need for communal work. Moreover, no one had so far been punished for refusing to participate in communal services. The Committee noted this information and, considering that communal services had been undertaken for many years and appeared to continue to be of a certain level of importance for the communities concerned, as well as the country, the Committee requested the Government to indicate the measures adopted or envisaged to regulate participation in such services.

The Committee notes the absence of information in the Government’s report. The Committee reminds the Government that work exacted in the context of communal service shall be limited to “minor services”, that is to say work primarily relating to small-scale and short-term maintenance work; the services are performed in the direct interest of the community and are not intended to benefit a wider group; and members of the community who have to perform such services have the right to be consulted in regard to the need for such services (see 2012 General Survey on the fundamental Conventions, paragraph 281). The Committee once again requests the Government to indicate the measures adopted or envisaged to regulate participation in such services, with a view to ensuring that work exacted in this context is limited to “minor communal services” as defined by the Convention.

Article 25. Penal sanctions. In its previous comments, the Committee noted that, under section 565 of the Transitional Penal Code, the offence of enslavement is punishable by a sentence of between five and 20 years of imprisonment and a fine. Moreover, under its section 570, any person who, by intimidation, violence, fraud or any other unlawful means, forces another person to accept work or certain conditions of work is liable to a sentence of “simple imprisonment” or a fine. The Government indicated that labour inspectors and the police played an important role in identifying situations of forced labour. However, based on the information available, no case of forced labour had been lodged with any criminal court. With reference to the strict enforcement of adequate penalties, the Government indicated that it would transmit the new Penal Code once adopted. The Committee hoped that on the occasion of the adoption of the new Penal Code the Government would take all the necessary measures to reinforce the legislative framework to combat forced labour.

The Committee notes the absence of information in the Government’s report. However, the Committee notes section 108(2)(c) of the Penal Code adopted in 2015 defines “enslavement” as the exercise of any or all of the powers attached to the right of ownership over a person, including the exercise of such power in the course of trafficking in persons, in particular women and children. Its section 297 criminalizes enslavement and trafficking and provides for a punishment of imprisonment of seven to ten years. If the victim is under 18 years of age, the crime is punishable by imprisonment of 13 to 16 years. Moreover, its section 299 provides that a person who by intimidation, violence, fraud or any other unlawful means, compels another to accept a particular employment or particular conditions of employment, is guilty of violation of the right of freedom to work, punishable by imprisonment of six to 12 months or a fine. Under aggravated situations (section 300), for example when the perpetrator uses weapons or the number of victims is large, the offence is punishable by imprisonment of one to three years. The Committee observes that, according to section 299 of the 2015 Penal Code, the penalties imposed on perpetrators of forced labour can be limited to fines or short-term prison sentences, which does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive (see 2012 General Survey on the fundamental Conventions, paragraph 319). The Committee therefore requests the Government to provide information on the application of sections 297, 299 and 300 of the 2015 Penal Code in practice, including the number of investigations and prosecutions carried out and the penalties applied to persons exacting forced labour, with an indication of the facts giving rise to the legal proceedings and the provisions used by the prosecution and judicial authorities.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

The Committee notes the detailed discussion which took place in the Conference Committee on the Application of Standards in May–June 2018, concerning the application by Eritrea of the Convention. It also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2018. The Committee further notes the report of the Technical Advisory Mission of the ILO to Eritrea that took place from 23 to 27 July 2018.

Articles 1(1) and 2(1) of the Convention. Compulsory national service. In the context of their previous examinations of the application of the Convention, both the Conference Committee and the Committee of Experts urged the Government to amend or repeal the Proclamation on National Service (No. 82 of 1995) and the 2002 statement concerning the Warsai Yakaalo Development Campaign in order to bring an end to the generalized and systematic practice of the exaction of compulsory labour from the population in the context of programmes related to the obligation of national service.

The Committee noted that, at the legislative level, the Constitution establishes the obligation for citizens to perform their duty of national service (article 25(3)) and that the Proclamation on National Service specifies that this obligation concerns all citizens aged between 18 and 50 years (article 6). This obligation includes active national service and service in the reserve army. Active national service, which concerns all citizens aged between 18 and 40 years, is divided into two periods: six months of active national service in the National Service Training Centre; and 12 months of active military service and development tasks in the military forces (article 8). The objectives of national service include the establishment of a strong defence force based on the people to ensure a free and sovereign Eritrea. The Committee also noted that, in practice, the conscription of all citizens between the ages of 18 and 40 years for an indeterminate period had been institutionalized through the Warsai Yakaalo Development Campaign, approved by the National Assembly in 2002. In this respect, the Government confirmed that, in the context of their national service, conscripts could be called upon to perform other types of work and that in practice they participated in many programmes, including the construction of roads and bridges, reforestation, soil and water preservation, reconstruction and activities intended to improve food security.

The Committee recalled that, although the Convention explicitly provides for a limited number of cases in which ratifying States may exact compulsory labour from the population, particularly in the context of normal civic obligations, compulsory military service and situations of emergency, the conditions under which compulsory labour is exacted are strictly defined and the work involved must respond to precise requirements to be excluded from the definition of forced labour. The Committee reaffirmed that, in view of its duration, scope, objectives of the national service (reconstruction, action to combat poverty and strengthening of the national economy), and the broad range of work performed, labour exacted from the population in the framework of compulsory national service goes beyond the exceptions authorized by the Convention and constitutes forced labour.

The Committee notes that, in its conclusions adopted in June 2018, the Conference Committee noted the Government’s statement that the Warsai Yakaalo Development Campaign is no longer in force, and that a number of conscripts have been demobilized and are now under the civil service with an adequate salary. It urged the Government to amend or revoke the Proclamation on National Service, bring an end to forced labour, ensure the cessation of the use of conscripts for the exaction of forced labour in line with the Convention, and avail itself without delay of ILO technical assistance.

The Committee notes that, in its observations, the IOE emphasizes the urgency of bringing an end to compulsory national service for the purpose of development in Eritrea. The IOE also urges the Government to cooperate with the ILO and encourages it to avail itself of ILO technical assistance.

The Committee notes from the report of the ILO Technical Advisory Mission that various stakeholders pointed out that the duration of national service had been prolonged due to unrelenting threats and the state of belligerency of Ethiopia. Despite the threat of war, the Government had taken several measures to demobilize conscripts and to rehabilitate them within the civil service. However, while the demobilization process was initially implemented successfully, the subsequent phases were terminated with the state of belligerency of Ethiopia. The Government reiterates that the power to mobilize labour was related to a genuine situation of force majeure, and that it had no option but to take the necessary measures of self-defence that were proportionate to the threat faced by Eritrea.

The Committee also notes from the mission report a consensus prevailing among the various interlocutors the mission met with that it was important to understand the context of the national service with respect to any engagement with Eritrea. This context included the fact that the obligation of every citizen to undertake national service had to be seen in the light of the situation of “no war, no peace” which had been devastating for the country, and that national service had been part of the Eritrean national struggle for liberation even though national service of an indefinite duration had never been on the Government’s agenda. While recognizing that many Eritreans were willing to be part of the national service which was not intended to be “indefinite”, and that national service was essential not only to ensuring the development of the country but also to ensuring its very existence, the Committee notes that the mission was of view that national service could not be considered as a case of “force majeure”, and that the exceptions set out by the Convention could not apply to forced labour exacted for economic development purposes for an indefinite period of time.

The Committee further notes that a range of stakeholders indicated to the mission that, in light of the recent peace treaty between Eritrea and Ethiopia, the compulsory nature of the national service would no longer be justified and demobilization was expected to happen, even though no precise date has been specified. In this context, the mission report highlights that ILO technical assistance could be useful on employment-related issues, to the extent that these could be linked to the demobilization project. Future collaboration could include training on labour market reform pursuant to demobilization of the population, employment creation, income-generating activities and skills training especially for the younger population, as well as capacity building of labour administration and labour inspection. Lastly, the Committee notes that the Government and social partners indicated to the mission that they were keen to receive technical assistance with a view to ratifying the Worst Forms of Child Labour Convention, 1999 (No. 182).

The Committee notes the Government’s reference in its report to the joint declaration of Eritrea and Ethiopia on peace and friendship made on 9 July 2018, which indicates the intention of the two parties to end the state of war, open a new era of peace and friendship, implement the decision of the boundary commission and advance the vital interest of their people. The Government indicates that the peace accord has cleared the root cause and the existential threats that had been raised by the delegation of Eritrea to the Conference Committee. In this context, the Government remains engaged to work jointly on all outstanding issues and welcomes ILO technical assistance in order to enhance the whole labour administration to promote and protect the rights of employers and workers through integrated measures, as well as through comprehensive policies and programme, so as to fully comply with ILO standards. Additionally, the Committee notes that the Security Council of the United Nations welcomes the Agreement on Peace, Friendship and Comprehensive Cooperation signed by the President of Eritrea and the Prime Minister of Ethiopia on 16 September 2018.

In light of the above information, the Committee welcomes the recent peace agreement concluded between Eritrea and Ethiopia, as well as the fact that demobilization from the national service is expected to take place soon. It also takes due note of the political will demonstrated by the Government to address the issues raised by the Committee and the Conference Committee, including through its acceptance to receive an ILO technical advisory mission to examine the issues raised. In this respect, noting the Government’s indication to the members of the Technical Advisory Mission of its willingness to avail itself of ILO technical assistance, the Committee urges the Government to continue to collaborate with the ILO by seeking ILO technical assistance with a view to amending or repealing Proclamation No. 82 of 1995 on National Service, so as to: (a) limit the work exacted from the population within the framework of compulsory national service to military training and work of a purely military character; and (b) limit the exaction of compulsory work or services from the population to genuine cases of emergency, by ensuring that the duration and extent of such compulsory work or services are limited to what is strictly required by the exigencies of the situation. It also encourages the Government to collaborate with the ILO on a broader basis on issues linked to the demobilization from the national service as highlighted in the mission report. In addition, noting the Government’s intention to ratify Convention No. 182, the Committee requests the Government to further engage in ILO technical assistance in this regard.

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

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 2(2)(c) of the Convention. Prison labour. In its previous comments, the Committee noted that compulsory labour may be imposed as an alternative to a short-term prison sentence, in accordance with article 102 of the Transitional Penal Code of 1991. With reference to the compulsory labour of persons convicted to a sentence of imprisonment, as set out in article 110 of the Transitional Penal Code, the Government indicated that the work is assigned by the Director of Prisons and that the prisoner is entitled to receive compensation if the work and conduct are satisfactory. The amount of daily compensation and the conditions for execution of the sentence are governed by the Prison Regulations. The Committee requested the Government to indicate whether the Director of Prisons may assign work to a prisoner to be carried out for a private entity and the conditions under which such work is performed. The Committee also requested the Government to provide the text of the Prison Regulations or any provision governing the conditions of work of persons convicted to a sentence of imprisonment.

The Committee notes the absence of information in the Government’s report. However, the Committee notes that a new Penal Code was adopted on 15 May 2015. According to its section 73(d), prisoners who are able to work are compelled to work in tasks suited to their ability, for such compensation as is deemed reasonable under the law. Moreover, according to section 88(1), a court may propose to an offender the choice of performing community work as a condition of a suspended sentence and probation, or in lieu of a financial penalty imposed which the offender is unable to satisfy. Section 88(4) provides that community work includes work on projects designed to benefit the welfare of the public and society, including projects to improve education, public lands, public health, public facilities and public roads, and that community work may not confer a benefit to a private individual or business except as may be incidental to the public benefit. Noting that prisoners have an obligation to work under section 73(d) of the 2015 Penal Code, the Committee requests the Government to indicate whether prisoners may perform work for a private entity and the conditions under which such work is performed. The Committee also requests the Government to provide information on any provision governing the conditions of work of persons convicted to a sentence of imprisonment, including a copy of such provisions.

Article 2(2)(e). Minor communal services. In its previous comments, the Committee noted that, under the terms of article 3(17) of the Labour Proclamation, the expression “forced labour” does not include “communal services”. It requested the Government to describe in greater detail the communal services carried out by the population, providing specific examples of the services carried out, with an indication in particular of whether persons who refuse to participate in communal services are liable to penalties. The Government indicated that communal work mainly relates to soil and water conservation and that, through such work, many micro-dams, roads and reforestation projects had been carried out over the past 25 years. Schools and medical centres had also been built to provide essential services for the communities concerned. It added that the members or representatives of communities were frequently consulted on the need for communal work. Moreover, no one had so far been punished for refusing to participate in communal services. The Committee noted this information and, considering that communal services had been undertaken for many years and appeared to continue to be of a certain level of importance for the communities concerned, as well as the country, the Committee requested the Government to indicate the measures adopted or envisaged to regulate participation in such services.

The Committee notes the absence of information in the Government’s report. The Committee reminds the Government that work exacted in the context of communal service shall be limited to “minor services”, that is to say work primarily relating to small-scale and short-term maintenance work; the services are performed in the direct interest of the community and are not intended to benefit a wider group; and members of the community who have to perform such services have the right to be consulted in regard to the need for such services (see 2012 General Survey on the fundamental Conventions, paragraph 281). The Committee once again requests the Government to indicate the measures adopted or envisaged to regulate participation in such services, with a view to ensuring that work exacted in this context is limited to “minor communal services” as defined by the Convention.

Article 25. Penal sanctions. In its previous comments, the Committee noted that, under section 565 of the Transitional Penal Code, the offence of enslavement is punishable by a sentence of between five and 20 years of imprisonment and a fine. Moreover, under its section 570, any person who, by intimidation, violence, fraud or any other unlawful means, forces another person to accept work or certain conditions of work is liable to a sentence of “simple imprisonment” or a fine. The Government indicated that labour inspectors and the police played an important role in identifying situations of forced labour. However, based on the information available, no case of forced labour had been lodged with any criminal court. With reference to the strict enforcement of adequate penalties, the Government indicated that it would transmit the new Penal Code once adopted. The Committee hoped that on the occasion of the adoption of the new Penal Code the Government would take all the necessary measures to reinforce the legislative framework to combat forced labour.

The Committee notes the absence of information in the Government’s report. However, the Committee notes section 108(2)(c) of the Penal Code adopted in 2015 defines “enslavement” as the exercise of any or all of the powers attached to the right of ownership over a person, including the exercise of such power in the course of trafficking in persons, in particular women and children. Its section 297 criminalizes enslavement and trafficking and provides for a punishment of imprisonment of seven to ten years. If the victim is under 18 years of age, the crime is punishable by imprisonment of 13 to 16 years. Moreover, its section 299 provides that a person who by intimidation, violence, fraud or any other unlawful means, compels another to accept a particular employment or particular conditions of employment, is guilty of violation of the right of freedom to work, punishable by imprisonment of six to 12 months or a fine. Under aggravated situations (section 300), for example when the perpetrator uses weapons or the number of victims is large, the offence is punishable by imprisonment of one to three years. The Committee observes that, according to section 299 of the 2015 Penal Code, the penalties imposed on perpetrators of forced labour can be limited to fines or short-term prison sentences, which does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive (see 2012 General Survey on the fundamental Conventions, paragraph 319). The Committee therefore requests the Government to provide information on the application of sections 297, 299 and 300 of the 2015 Penal Code in practice, including the number of investigations and prosecutions carried out and the penalties applied to persons exacting forced labour, with an indication of the facts giving rise to the legal proceedings and the provisions used by the prosecution and judicial authorities.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

The Committee notes the detailed discussion which took place in the Conference Committee on the Application of Standards in May–June 2018, concerning the application by Eritrea of the Convention. It also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2018. The Committee further notes the report of the Technical Advisory Mission of the ILO to Eritrea that took place from 23 to 27 July 2018.

Articles 1(1) and 2(1) of the Convention. Compulsory national service. In the context of their previous examinations of the application of the Convention, both the Conference Committee and the Committee of Experts urged the Government to amend or repeal the Proclamation on National Service (No. 82 of 1995) and the 2002 statement concerning the Warsai Yakaalo Development Campaign in order to bring an end to the generalized and systematic practice of the exaction of compulsory labour from the population in the context of programmes related to the obligation of national service.

The Committee noted that, at the legislative level, the Constitution establishes the obligation for citizens to perform their duty of national service (article 25(3)) and that the Proclamation on National Service specifies that this obligation concerns all citizens aged between 18 and 50 years (article 6). This obligation includes active national service and service in the reserve army. Active national service, which concerns all citizens aged between 18 and 40 years, is divided into two periods: six months of active national service in the National Service Training Centre; and 12 months of active military service and development tasks in the military forces (article 8). The objectives of national service include the establishment of a strong defence force based on the people to ensure a free and sovereign Eritrea. The Committee also noted that, in practice, the conscription of all citizens between the ages of 18 and 40 years for an indeterminate period had been institutionalized through the Warsai Yakaalo Development Campaign, approved by the National Assembly in 2002. In this respect, the Government confirmed that, in the context of their national service, conscripts could be called upon to perform other types of work and that in practice they participated in many programmes, including the construction of roads and bridges, reforestation, soil and water preservation, reconstruction and activities intended to improve food security.

The Committee recalled that, although the Convention explicitly provides for a limited number of cases in which ratifying States may exact compulsory labour from the population, particularly in the context of normal civic obligations, compulsory military service and situations of emergency, the conditions under which compulsory labour is exacted are strictly defined and the work involved must respond to precise requirements to be excluded from the definition of forced labour. The Committee reaffirmed that, in view of its duration, scope, objectives of the national service (reconstruction, action to combat poverty and strengthening of the national economy), and the broad range of work performed, labour exacted from the population in the framework of compulsory national service goes beyond the exceptions authorized by the Convention and constitutes forced labour.

The Committee notes that, in its conclusions adopted in June 2018, the Conference Committee noted the Government’s statement that the Warsai Yakaalo Development Campaign is no longer in force, and that a number of conscripts have been demobilized and are now under the civil service with an adequate salary. It urged the Government to amend or revoke the Proclamation on National Service, bring an end to forced labour, ensure the cessation of the use of conscripts for the exaction of forced labour in line with the Convention, and avail itself without delay of ILO technical assistance.

The Committee notes that, in its observations, the IOE emphasizes the urgency of bringing an end to compulsory national service for the purpose of development in Eritrea. The IOE also urges the Government to cooperate with the ILO and encourages it to avail itself of ILO technical assistance.

The Committee notes from the report of the ILO Technical Advisory Mission that various stakeholders pointed out that the duration of national service had been prolonged due to unrelenting threats and the state of belligerency of Ethiopia. Despite the threat of war, the Government had taken several measures to demobilize conscripts and to rehabilitate them within the civil service. However, while the demobilization process was initially implemented successfully, the subsequent phases were terminated with the state of belligerency of Ethiopia. The Government reiterates that the power to mobilize labour was related to a genuine situation of force majeure, and that it had no option but to take the necessary measures of self-defence that were proportionate to the threat faced by Eritrea.

The Committee also notes from the mission report a consensus prevailing among the various interlocutors the mission met with that it was important to understand the context of the national service with respect to any engagement with Eritrea. This context included the fact that the obligation of every citizen to undertake national service had to be seen in the light of the situation of “no war, no peace” which had been devastating for the country, and that national service had been part of the Eritrean national struggle for liberation even though national service of an indefinite duration had never been on the Government’s agenda. While recognizing that many Eritreans were willing to be part of the national service which was not intended to be “indefinite”, and that national service was essential not only to ensuring the development of the country but also to ensuring its very existence, the Committee notes that the mission was of view that national service could not be considered as a case of “force majeure”, and that the exceptions set out by the Convention could not apply to forced labour exacted for economic development purposes for an indefinite period of time.

The Committee further notes that a range of stakeholders indicated to the mission that, in light of the recent peace treaty between Eritrea and Ethiopia, the compulsory nature of the national service would no longer be justified and demobilization was expected to happen, even though no precise date has been specified. In this context, the mission report highlights that ILO technical assistance could be useful on employment-related issues, to the extent that these could be linked to the demobilization project. Future collaboration could include training on labour market reform pursuant to demobilization of the population, employment creation, income-generating activities and skills training especially for the younger population, as well as capacity building of labour administration and labour inspection. Lastly, the Committee notes that the Government and social partners indicated to the mission that they were keen to receive technical assistance with a view to ratifying the Worst Forms of Child Labour Convention, 1999 (No. 182).

The Committee notes the Government’s reference in its report to the joint declaration of Eritrea and Ethiopia on peace and friendship made on 9 July 2018, which indicates the intention of the two parties to end the state of war, open a new era of peace and friendship, implement the decision of the boundary commission and advance the vital interest of their people. The Government indicates that the peace accord has cleared the root cause and the existential threats that had been raised by the delegation of Eritrea to the Conference Committee. In this context, the Government remains engaged to work jointly on all outstanding issues and welcomes ILO technical assistance in order to enhance the whole labour administration to promote and protect the rights of employers and workers through integrated measures, as well as through comprehensive policies and programme, so as to fully comply with ILO standards. Additionally, the Committee notes that the Security Council of the United Nations welcomes the Agreement on Peace, Friendship and Comprehensive Cooperation signed by the President of Eritrea and the Prime Minister of Ethiopia on 16 September 2018.

In light of the above information, the Committee welcomes the recent peace agreement concluded between Eritrea and Ethiopia, as well as the fact that demobilization from the national service is expected to take place soon. It also takes due note of the political will demonstrated by the Government to address the issues raised by the Committee and the Conference Committee, including through its acceptance to receive an ILO technical advisory mission to examine the issues raised. In this respect, noting the Government’s indication to the members of the Technical Advisory Mission of its willingness to avail itself of ILO technical assistance, the Committee urges the Government to continue to collaborate with the ILO by seeking ILO technical assistance with a view to amending or repealing Proclamation No. 82 of 1995 on National Service, so as to: (a) limit the work exacted from the population within the framework of compulsory national service to military training and work of a purely military character; and (b) limit the exaction of compulsory work or services from the population to genuine cases of emergency, by ensuring that the duration and extent of such compulsory work or services are limited to what is strictly required by the exigencies of the situation. It also encourages the Government to collaborate with the ILO on a broader basis on issues linked to the demobilization from the national service as highlighted in the mission report. In addition, noting the Government’s intention to ratify Convention No. 182, the Committee requests the Government to further engage in ILO technical assistance in this regard.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2(2)(c) of the Convention. Prison labour. With reference to its previous comments, the Committee notes the information provided by the Government concerning the compulsory labour that may be imposed as an alternative to a short-term prison sentence, in accordance with Article 102 of the Transitional Penal Code of 1991. With reference to the compulsory labour of persons convicted to a sentence of imprisonment, as set out in Article 110 of the Transitional Penal Code, the Government indicates that the work is assigned by the Director of Prisons and that the prisoner is entitled to receive compensation if the work and conduct are satisfactory. The amount of the daily compensation and the conditions for the execution of the sentence are governed by the Prison Regulations. The Committee requests the Government to indicate whether the Director of Prisons may assign work to a prisoner to be carried out for a private entity, either within or outside the prison. Where appropriate, please indicate the conditions under which such work is performed. The Committee also once again requests the Government to provide the text of the Prison Regulations or any provision governing the conditions of work of persons convicted to a sentence of imprisonment.

Article 2(2)(e). Minor communal services. In its previous comments, the Committee noted that, under the terms of Article 3(17) of the Labour Proclamation, the expression “forced labour” does not include “communal services”. It requested the Government to describe in greater detail the communal services carried out by the population, providing specific examples of the services carried out, with an indication in particular of whether persons who refuse to participate in communal services are liable to penalties. In its report, the Government indicates that communal work mainly relates to soil and water conservation and that, through such work, many micro-dams, roads and reforestation projects have been carried out over the past 25 years. Schools and medical centres have also been built to provide essential services for the communities concerned. It adds that the members or representatives of communities are frequently consulted on the need for communal work. Moreover, no one has so far been punished for refusing to participate in communal services. The Committee notes this information and, considering that communal services have been undertaken for many years and appear to continue to be of a certain level of importance for the communities concerned, as well as the country, the Committee requests the Government to indicate the measures adopted or envisaged to regulate participation in such services. In this context, the Government should ensure that, in accordance with the Convention: work exacted in this context is limited to “minor services”, that is to say work primarily relating to small-scale and short-term maintenance work; the services are performed in the direct interest of the community and are not intended to benefit a wider group; and members of the community who have to perform such services have the right to be consulted in regard to the need for such services.

Article 25. Penal sanctions. The Committee previously requested the Government to provide information on the application in practice of Articles 565 and 570 of the Transitional Penal Code, with an indication of the number of complaints lodged and prosecutions carried out, and the specific penalties applied under these provisions. Under the terms of Article 565, the offence of enslavement is punishable by a sentence of between five and 20 years of imprisonment and a fine. Under Article 570, any person who, by intimidation, violence, fraud or any other unlawful means, forces another person to accept work or certain conditions of work is liable to a sentence of “simple imprisonment” or a fine. The Committee notes the Government’s indication that labour inspectors and the police play an important role in identifying situations of forced labour. However, although prosecutors are vigilant in prosecuting those responsible for these practices, based on the information available, no case of forced labour has been lodged with any criminal court. The Government considers that it is necessary to further develop awareness-raising measures and capacity building for the authorities concerned and the social partners. With reference to the strict enforcement of adequate penalties, the Government indicates that it will transmit the new Penal Code once it has been adopted.

The Committee notes this information and hopes that on the occasion of the adoption of the new Penal Code the Government will take all the necessary measures to reinforce the legislative framework to combat forced labour. In this regard, it should ensure that the penal provisions adequately define and criminalize forced labour in order, on the one hand, to cover all situations relating to forced labour, as defined by the Convention, including trafficking in persons and, on the other, to establish penalties that are adequate and dissuasive. The Committee also requests the Government to indicate the measures adopted to ensure that activities are carried out in practice to raise the awareness and train the authorities responsible for law enforcement in the identification of the various forms that can be taken by forced labour. Please also provide information on the investigations and prosecutions carried out and the penalties applied to persons exacting forced labour, with an indication of the provisions of the penal legislation used by the prosecution and judicial authorities.

[The Government is asked to supply full particulars to the Conference at its 107th Session and to reply in full to the present comments in 2018.]

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the International Organisation of Employers (IOE), received on 30 August 2017, as well as the Government’s reply to these observations, received on 26 October 2017.

Articles 1(1) and 2(1) of the Convention. Compulsory national service. In the context of their previous examinations of the application of the Convention, both the Committee on the Application of Standards of the International Labour Conference and the Committee of Experts have urged the Government to amend or repeal the Proclamation on National Service (No. 82 of 1995) and the 2002 statement concerning the Warsai Yakaalo Development Campaign in order to bring an end to the generalized and systematic practice of the exaction of compulsory labour from the population in the context of programmes related to the obligation of national service.

The Committee noted that, at the legislative level, the Constitution establishes the obligation for citizens to perform their duty of national service (article 25(3)) and that the Proclamation on National Service specifies that this obligation concerns all citizens aged between 18 and 50 years (article 6). This obligation includes active national service and service in the reserve army. Active national service, which concerns all citizens aged between 18 and 40 years, is divided into two periods: six months of active national service in the National Service Training Centre; and 12 months of active military service and development tasks in the military forces (article 8). The objectives of national service include the establishment of a strong defence force based on the people to ensure a free and sovereign Eritrea. The objectives also include creating a new generation characterized by love of work and discipline, ready to participate and serve in the reconstruction of the nation, and to develop and reinforce the economy of the nation by “investing in development work of our people as a potential wealth” (article 5). The Committee also noted that, in practice, the conscription of all citizens between the ages of 18 and 40 years for an indeterminate period had been institutionalized through the Warsai Yakaalo Development Campaign, approved by the National Assembly in 2002. In this respect, the Government confirmed that, in the context of their national service, conscripts could be called upon to perform other types of work and that in practice they participated in many programmes, including the construction of roads and bridges, reforestation, soil and water preservation, reconstruction and activities intended to improve food security.

Both the Committee of Experts and the Conference Committee have emphasized that work exacted from the population as part of compulsory national service, including a broad range of activities, some of which relate to national development, is not of a purely military character. Such work therefore goes beyond the exception set out in Article 2(2)(a) of the Convention, under the terms of which any work or service exacted in virtue of compulsory military service laws is only excluded from the scope of application of the Convention on condition that it consists of work of a purely military character. This condition is explicitly intended to prevent the requisitioning of conscripts for the performance of public works, and has its corollary in Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), which prohibits the exaction of forced labour “as a method of mobilising and using labour for purposes of economic development”. The Committee has also concluded, in light of the information on the duration and extent of the work exacted in the context of compulsory national service and the purposes for which the authorities have recourse to such labour, that this obligation goes beyond the power to mobilize labour envisaged in Article 2(2)(d) of the Convention, which shall be limited to genuine cases of emergency, or force majeure, that is a sudden, unforeseen happening calling for instant counter-measures.

The Committee notes that the Government reiterates that the duration of national service has been prolonged due to unrelenting threats and the state of belligerency of Ethiopia. The Warsai Yakaalo Development Campaign is a national strategy for the eradication of poverty and to safeguard the well-being of citizens, and is intended to achieve a policy of self-reliance based on the dedication of the people. The Government refers in this respect to the objectives of national service, as set out in Article 5 of the Proclamation on National Service, namely participation in the reconstruction of the nation and the strengthening of the national economy. The Government adds that, despite the threat of war, the Government has taken several measures to demobilize conscripts and to rehabilitate them within the civil service. An adequate salary scale has been introduced for members of the national service who have completed their duties successfully. Their status as civil servants demonstrates that they are no longer members of the national service. While the demobilization process was initially implemented successfully, the subsequent phases were terminated with the state of belligerency of Ethiopia. The Government reiterates that it has no option but to take the necessary measures of self-defence that are proportionate to the threat faced by Eritrea. In respect of this situation in practice, the Government views that the power to mobilize labour is related to a genuine situation of force majeure as it is designed for a certain or unforeseen happening in the future, and is therefore compatible with Article 2(2)(d) of the Convention.

The Committee notes that the IOE, in its observations, indicates that it is highly concerned by the situation described by the Committee for a number of years, and by the findings of the Commission of Inquiry on human rights in Eritrea, established by the United Nations Human Rights Council, and of a considerable number of NGOs, which report a large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of compulsory national service. The IOE emphasizes the urgency of bringing an end to this situation, which has been criticized in several international forums. Reiterating the concerns expressed by the Employer members in the Conference Committee with regard to the application of the Convention by Eritrea, the IOE observes that, although the Government indicated its commitment to work towards the abolition of forced labour, it has not sought ILO technical assistance or demonstrated any will to cooperate with the ILO.

In reply to the IOE’s observations, the Government reiterates the explanations provided in its report on the reasons why the process of demobilization has been interrupted and the national service has been prolonged. It also emphasizes that the work exacted from the population in the framework of the programmes of the Warsai Yakaalo Development Campaign is afforded only to the interest of the community and not for the benefit of private companies or individuals. Overall, the purposes for which these programmes are used are limited to what is strictly required for the exigencies of the situation in Eritrea. Therefore, according to the Government, it is far from the truth to contend that the reality in Eritrea amounts to the systematic practice of imposing compulsory labour on the population.

Finally, the Committee notes that, in their latest reports, the Commission of Inquiry on human rights in Eritrea and the Special Rapporteur on the situation of human rights in Eritrea, both appointed by the United Nations Human Rights Council, have noted the absence of improvements in terms of reforming military/national service programmes (A/HRC/32/47 and A/HRC/32/CRP.1, of 9 May and 8 June 2016, and A/HRC/35/39 of 7 June 2017, respectively). The Committee observes that these two reports continue to refer to: the indefinite and arbitrary duration of conscription, which goes beyond the 18 months envisaged in the 1995 Proclamation, often being extended for several years; the use of conscripts to perform compulsory labour in a whole range of economic activities, including the public service and for private enterprises; and the non-voluntary nature of military service beyond the statutory 18-month duration. The Commission of Inquiry emphasizes that “current programmes serve primarily to boost economic development, to profit state-endorsed enterprises and to maintain control over the Eritrean population in a manner inconsistent with international law”. The Committee also notes that the Special Rapporteur recognizes that the non-implementation of the decision of 2002 of the Eritrea–Ethiopia Boundary Commission (EEBC) is of particular concern, but nevertheless considers that the failure to implement this decision cannot serve as justification for the open-ended and arbitrary nature of Eritrea’s military/national service programmes.

The Committee recalls that, although the Convention explicitly provides for a limited number of cases in which ratifying States may exact compulsory labour from the population, particularly in the context of normal civic obligations, compulsory military service and situations of emergency, the conditions under which compulsory labour is exacted are strictly defined and the work involved must respond to precise requirements to be excluded from the definition of forced labour. In light of the above and the information available to it, the Committee reaffirms that, in view of its duration, scope, objectives (reconstruction, action to combat poverty and reinforcement of the national economy), and the broad range of work performed, labour exacted from the population in the framework of compulsory national service goes beyond the exceptions authorized by Convention No. 29 and constitutes forced labour. It is also in violation of Article 1(b) of Convention No. 105, which prohibits the use of compulsory labour “as a method of mobilising and using labour for purposes of economic development”. The Committee notes with deep concern that no progress has been achieved in law or practice to strictly limit the use of compulsory labour to the exceptions authorized by the Convention. The Committee therefore urges the Government to take the necessary measures as soon as possible to amend or repeal Proclamation No. 82 of 1995 on National Service and the 2002 Declaration on the Warsai Yakaalo Development Campaign with a view to: (a) limiting the work exacted from the population within the framework of compulsory national service to military training and work of a purely military character; and (b) limiting the exaction of compulsory work or services from the population to genuine cases of emergency, or force majeure (that is, a sudden and unforeseen happening), by ensuring that the duration and extent of such compulsory work or services are limited to what is strictly required by the exigencies of the situation.

The Committee recalls that the Government can avail itself of the technical assistance of the ILO to help address the situation noted.

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

[The Government is asked to supply full particulars to the Conference at its 107th Session and to reply in full to the present comments in 2018.]

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(2)(c). Prison labour. In response to its previous comments regarding guarantees to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations, the Committee noted the Government’s reiterated statement that such guarantees would be provided by the new Penal Code, once adopted. The Committee notes that, in its latest report, the Government indicates that the abovementioned guarantees are already provided by section 102 of the Transitional Penal Code of 1991. According to this provision, sanctions of imprisonment not exceeding three months may be converted into compulsory prison labour without deprivation of liberty, which shall be performed at the offender’s usual workplace, in a public establishment or in public works. Pursuant to section 102(3), the duration and location of service, as well as wage deductions in benefit of the State shall be specified in the court decision. The Committee further notes that, under certain circumstances, the alternative sanction of compulsory prison labour shall be performed with restriction of liberty, which may require the offender to remain in a particular workplace, or with a particular employer, or in a particular establishment (section 103(1) and (2)). The Committee also observes that, according to section 110 of the Transitional Penal Code, a convict serving a sentence of imprisonment shall be under an obligation to work, as assigned by the Director of Prisons. Such work shall be suitable to the prisoner’s ability and shall be of such nature so as to reform and educate the prisoner, and to encourage their rehabilitation.

In light of the above, the Committee recalls that compulsory work or service exacted from any person as a consequence of a conviction in a court of law is compatible with the Convention only if two conditions are met, namely: that the said work is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. The two conditions set forth in Article 2(2)(c) are equally important and apply cumulatively. The Committee also points out that work by prisoners for private companies may be compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned accept such work voluntarily, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. The Committee requests the Government to provide information on the application in practice of sections 102, 103 and 110 of the Transitional Penal Code, indicating, in particular, what safeguards exist to ensure that any work or service undertaken by prisoners for private institutions is carried out with their free, formal and informed consent, and in conditions approximating a free labour relationship. Please also supply copies of relevant rules and regulations governing the conditions of work of convicts, as well as a copy of the new Penal Code, once it is adopted.

Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3(17) of the Labour Proclamation, the expression “forced labour” does not include communal services. It also noted the Government’s statement that numerous micro dams, roads and forestation programmes have been completed in the context of communal services over the past 19 years. In this connection, the Committee notes the Government’s repeated indication that communal services relate to minor services (for example, hygiene, sanitation, irrigation and maintenance work) performed in the direct interest of the community. The Committee notes further the Government’s renewed statement regarding the small scale of such services and the right of members of the community to be consulted. The Committee once again requests the Government to describe such work in more detail, giving concrete examples of services carried out, and indicating, in particular, whether individuals refusing to participate in communal services are liable to penalties.

Article 25. Penal sanctions. The Committee previously noted that, according to section 9 of the Labour Proclamation, an employer who engages in forced labour shall be punishable under the Penal Code. In this regard, it noted the Government’s statement that the new Penal Code would provide adequate penalties for the violation of the provisions of the Convention. The Committee notes that, in its latest report, the Government indicates that sections 565 and 570 of the Transitional Penal Code establish adequate penal sanctions against the illegal exaction of forced or compulsory labour. Pursuant to section 565, the offence of enslavement is punishable with five to 20 years imprisonment and a fine. According to section 570, the violation of the right of freedom to work by intimidation, violence, fraud or any other unlawful means, is punishable, upon complaint, with “simple imprisonment” or a fine. The Committee also notes the information provided by the Government with regard to the role of labour inspectors and law enforcement officials in the identification and investigation of offences, as well as in the prosecution of perpetrators. The Committee requests the Government to provide information on the application in practice of sections 565 and 570 of the Transitional Penal Code, indicating, in particular, the number of complaints lodged, the investigations and prosecutions carried out and the specific penalties applied under these provisions. Please also provide information on any measures taken with a view to raising awareness in society and among competent authorities with regard to forced labour and related offences.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 104th Session, May–June 2015)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2015 concerning the application of the Convention. It also notes the observations of the International Organisation of Employers (IOE) and the International Trade Union Confederation (ITUC) received, respectively, on 31 August and 1 September 2015. The Committee notes with regret that despite specific requests in this regard from the Committee of Experts and the Conference Committee, the Government has not provided a report.

The Committee notes that the Conference Committee discussed in detail the large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of the national service programme which encompasses all areas of civilian life and is therefore much broader than military service. The discussions also highlighted that workers who refuse to carry out work within the framework of national service are faced with arbitrary arrest and detention and imprisonment in inhumane conditions. While noting the explanations provided by the Government relating to the ongoing border conflict, the absence of peace and stability that has affected the labour administration in the country, and the unpredicable weather conditions, the Conference Committee urged the Government to amend or revoke the Proclamation on National Service (No. 82 of 1995) and the Warsai Yakaalo Development Campaign of 2002 to bring to an end forced labour associated with the national service programme and to ensure the cessation of the use of conscripts in practice contrary to the provisions of the Convention, and to immediately release all imprisoned “draft evaders” who have refused to participate in compulsory conscription, which exceed the scope of the exception provided for in the Convention.

The Committee notes the report of the Commission of Inquiry on human rights in Eritrea established by Resolution 26/24 of the Human Rights Council of the United Nations. The Commission of Inquiry describes how, under the pretext of defending the integrity of the State and ensuring its self-sufficiency, Eritreans are subject to systems of national service and forced labour that effectively abuse, exploit and enslave them for indefinite periods of time. The Commission of Inquiry observes that the Government has unlawfully and consistently been using conscripts and other members of the population, including members of the militia, many beyond retirement age, as forced labourers to construct infrastructure and to pursue the aim of economic development and self-sufficiency of the State, thus indirectly supporting the continued existence of a totalitarian Government that has been in power for the past 24 years. The use of forced labour is so prevalent in Eritrea that all sectors of the economy rely on it, and all Eritreans are likely to be subject to it at some stage in their lives. The Government also regularly profits from the almost free work exacted from conscripts and detainees to obtain illegitimate financial gain when they are “lent” to foreign companies paying salaries to the Government that are considerably higher than the amounts paid by the Government to the workers (A/HRC/29/42 of 4 June 2015).

Finally, the Committee notes that in their observations both the IOE and the ITUC express concern at the situation and reiterate the requests made to the Government during the discussion in the Conference Committee. The ITUC emphasizes that the gravity and consequences of the use of forced labour under national service are enormous and do not only lead to the severe exploitation of workers but also to a humanitarian crisis with women and children being particularly victimized.

The Committee strongly urges the Government to take the necessary measures to ensure the application of the Convention in law and practice as requested by the Conference Committee and the Committee of Experts in its previous comments:

Articles 1(1) and 2(1) of the Convention. Compulsory national service. For a number of years, the Committee has been referring to section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), under which the expression “forced labour” does not include compulsory national service. The Committee noted that, under article 25(3) of the Constitution, citizens must complete their duty in national service. It also noted that, although the obligation to perform compulsory national service had been originally stipulated in 18 months (pursuant to the Proclamation on National Service, No. 82 of 1995), conscription of all citizens between the ages of 18 and 40 for an indefinite period was institutionalized with the introduction of the “Warsai Yakaalo Development Campaign” (WYDC), adopted by the National Assembly in 2002. In this connection, the Committee notes the Government’s statement that the obligation to perform compulsory national service is part of the normal civic obligations of citizens, and therefore falls within the scope of the exceptions provided for in the Convention, in particular: work or service exacted in virtue of compulsory military service laws and work or service exacted in cases of emergency.

With regard to the linkage between national service and work exacted under compulsory military service laws, the Committee notes the Government’s indication that any work or service exacted under section 5 of the 1995 Proclamation on National Service constitutes work of a purely military character. The Government states, however, that conscripts may also perform other duties, such as participating in the construction of roads and bridges. According to the Government, members of the national service have engaged in numerous programmes, mainly in reforestation, soil and water conservation, reconstruction, and activities aimed at improving food security. The Committee further notes that, according to abovementioned section 5, the objectives of national service include, inter alia, the creation of a new generation, characterized by love for work, discipline, ready to serve and participate in the reconstruction of the nation; and the development and strengthening of the economy by “investing in the development of peoples’ work as a potential wealth”.

The Committee recalls that, under Article 2(2)(a) of the Convention, compulsory military service is excluded from the scope of the Convention only where conscripts are assigned to work of a purely military character. This condition, which aims specifically at preventing the call-up of conscripts for public works, has its corollary in Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), which prohibits the use of forced or compulsory labour “as a method of mobilizing and using labour for purposes of economic development”. The Committee therefore draws the Government’s attention to the fact that work exacted from recruits as part of national service, including work related to national development, is not purely military in nature. The Committee also recalls that, in specific circumstances, such as in cases of emergency, conscripts may be called to perform non-military activities. However, in order to respect the limits of the exception contained in Article 2(2)(d) of the Convention, the power to call up labour should be confined to genuine cases of emergency, or force majeure, that is, a sudden, unforeseen happening calling for instant countermeasures. Moreover, the duration and extent of compulsory service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation.

While noting the information provided by the Government, as well as its description of the factual situation in the country, which is referred to as a “threat of war and famine” situation, the Committee points out that the large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of the national service programme goes well beyond the exceptions provided for in the Convention. The extended obligations imposed on the population – as well as conscripts’ lack of freedom to leave national service, as stated by the Government – are 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. In light of the above considerations, the Committee urges the Government to take the necessary measures to amend or repeal the Proclamation on National Service, No. 82 of 1995 and the WYDC Declaration of 2002, in order to remove the legislative basis for the exaction of compulsory labour in the context of national service, and to address the incompatibility of these texts with both Conventions Nos 29 and 105. Pending the adoption of such measures, the Committee urges the Government to take concrete steps with a view to limiting the exaction of compulsory work or services from the population to genuine cases of emergency, or force majeure, and to ensure that the duration and extent of such compulsory work or services, as well as the purpose for which it is used, is limited to what is strictly required by the exigencies of the situation.

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

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

Article 2(2)(c). Prison labour. In response to its previous comments regarding guarantees to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations, the Committee noted the Government’s reiterated statement that such guarantees would be provided by the new Penal Code, once adopted. The Committee notes that, in its latest report, the Government indicates that the abovementioned guarantees are already provided by section 102 of the Transitional Penal Code of 1991. According to this provision, sanctions of imprisonment not exceeding three months may be converted into compulsory prison labour without deprivation of liberty, which shall be performed at the offender’s usual workplace, in a public establishment or in public works. Pursuant to section 102(3), the duration and location of service, as well as wage deductions in benefit of the State shall be specified in the court decision. The Committee further notes that, under certain circumstances, the alternative sanction of compulsory prison labour shall be performed with restriction of liberty, which may require the offender to remain in a particular workplace, or with a particular employer, or in a particular establishment (section 103(1) and (2)). The Committee also observes that, according to section 110 of the Transitional Penal Code, a convict serving a sentence of imprisonment shall be under an obligation to work, as assigned by the Director of Prisons. Such work shall be suitable to the prisoner’s ability and shall be of such nature so as to reform and educate the prisoner, and to encourage their rehabilitation.

In light of the above, the Committee recalls that compulsory work or service exacted from any person as a consequence of a conviction in a court of law is compatible with the Convention only if two conditions are met, namely: that the said work is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. The two conditions set forth in Article 2(2)(c) are equally important and apply cumulatively. The Committee also points out that work by prisoners for private companies may be compatible with the Convention only where the necessary safeguards exist to ensure that the prisoners concerned accept such work voluntarily, without being subjected to pressure or the menace of any penalty, and that the conditions of such work approximate those of a free labour relationship. The Committee requests the Government to provide information on the application in practice of sections 102, 103 and 110 of the Transitional Penal Code, indicating, in particular, what safeguards exist to ensure that any work or service undertaken by prisoners for private institutions is carried out with their free, formal and informed consent, and in conditions approximating a free labour relationship. Please also supply copies of relevant rules and regulations governing the conditions of work of convicts, as well as a copy of the new Penal Code, once it is adopted.

Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3(17) of the Labour Proclamation, the expression “forced labour” does not include communal services. It also noted the Government’s statement that numerous micro dams, roads and forestation programmes have been completed in the context of communal services over the past 19 years. In this connection, the Committee notes the Government’s repeated indication that communal services relate to minor services (for example, hygiene, sanitation, irrigation and maintenance work) performed in the direct interest of the community. The Committee notes further the Government’s renewed statement regarding the small scale of such services and the right of members of the community to be consulted. The Committee once again requests the Government to describe such work in more detail, giving concrete examples of services carried out, and indicating, in particular, whether individuals refusing to participate in communal services are liable to penalties.

Article 25. Penal sanctions. The Committee previously noted that, according to section 9 of the Labour Proclamation, an employer who engages in forced labour shall be punishable under the Penal Code. In this regard, it noted the Government’s statement that the new Penal Code would provide adequate penalties for the violation of the provisions of the Convention. The Committee notes that, in its latest report, the Government indicates that sections 565 and 570 of the Transitional Penal Code establish adequate penal sanctions against the illegal exaction of forced or compulsory labour. Pursuant to section 565, the offence of enslavement is punishable with five to 20 years imprisonment and a fine. According to section 570, the violation of the right of freedom to work by intimidation, violence, fraud or any other unlawful means, is punishable, upon complaint, with “simple imprisonment” or a fine. The Committee also notes the information provided by the Government with regard to the role of labour inspectors and law enforcement officials in the identification and investigation of offences, as well as in the prosecution of perpetrators. The Committee requests the Government to provide information on the application in practice of sections 565 and 570 of the Transitional Penal Code, indicating, in particular, the number of complaints lodged, the investigations and prosecutions carried out and the specific penalties applied under these provisions. Please also provide information on any measures taken with a view to raising awareness in society and among competent authorities with regard to forced labour and related offences.

[The Government is asked to supply full particulars to the Conference at its 104th Session and to reply in detail to the present comments in 2015.]

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

Articles 1(1) and 2(1) of the Convention. Compulsory national service. For a number of years, the Committee has been referring to section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), under which the expression “forced labour” does not include compulsory national service. The Committee noted that, under article 25(3) of the Constitution, citizens must complete their duty in national service. It also noted that, although the obligation to perform compulsory national service had been originally stipulated in 18 months (pursuant to the Proclamation on National Service, No. 82 of 1995), conscription of all citizens between the ages of 18 and 40 for an indefinite period was institutionalized with the introduction of the “Warsai Yakaalo Development Campaign” (WYDC), adopted by the National Assembly in 2002. In this connection, the Committee notes the Government’s statement that the obligation to perform compulsory national service is part of the normal civic obligations of citizens, and therefore falls within the scope of the exceptions provided for in the Convention, in particular: work or service exacted in virtue of compulsory military service laws and work or service exacted in cases of emergency.

With regard to the linkage between national service and work exacted under compulsory military service laws, the Committee notes the Government’s indication that any work or service exacted under section 5 of the 1995 Proclamation on National Service constitutes work of a purely military character. The Government states, however, that conscripts may also perform other duties, such as participating in the construction of roads and bridges. According to the Government, members of the national service have engaged in numerous programmes, mainly in reforestation, soil and water conservation, reconstruction, and activities aimed at improving food security. The Committee further notes that, according to abovementioned section 5, the objectives of national service include, inter alia, the creation of a new generation, characterized by love for work, discipline, ready to serve and participate in the reconstruction of the nation; and the development and strengthening of the economy by “investing in the development of peoples’ work as a potential wealth”.

In this connection, the Committee notes the statement in the report of the UN Special Rapporteur on the situation of human rights in Eritrea, of May 2014, that national service encompasses all areas of civilian life and is therefore much broader than military service. The UN Special Rapporteur highlights that national service is involuntary in nature, is of indefinite length and amounts to forced labour. According to the Special Rapporteur, the military police conducts periodic round-ups in homes, workplaces, public places and on the streets in search of deserters and draft evaders, as well as to recruit persons considered fit to serve (A/HRC/26/45, paragraphs 34, 38, 71 and 73).

The Committee recalls that, under Article 2(2)(a) of the Convention, compulsory military service is excluded from the scope of the Convention only where conscripts are assigned to work of a purely military character. This condition, which aims specifically at preventing the call-up of conscripts for public works, has its corollary in Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), which prohibits the use of forced or compulsory labour “as a method of mobilizing and using labour for purposes of economic development”. The Committee therefore draws the Government’s attention to the fact that work exacted from recruits as part of national service, including work related to national development, is not purely military in nature. The Committee also recalls that, in specific circumstances, such as in cases of emergency, conscripts may be called to perform non-military activities. However, in order to respect the limits of the exception contained in Article 2(2)(d) of the Convention, the power to call up labour should be confined to genuine cases of emergency, or force majeure, that is, a sudden, unforeseen happening calling for instant countermeasures. Moreover, the duration and extent of compulsory service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation.

While noting the information provided by the Government, as well as its description of the factual situation in the country, which is referred to as a “threat of war and famine” situation, the Committee points out that the large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of the national service programme goes well beyond the exceptions provided for in the Convention. The extended obligations imposed on the population – as well as conscripts’ lack of freedom to leave national service, as stated by the Government – are 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. In light of the above considerations, the Committee urges the Government to take the necessary measures to amend or repeal the Proclamation on National Service, No. 82 of 1995 and the WYDC Declaration of 2002, in order to remove the legislative basis for the exaction of compulsory labour in the context of national service, and to address the incompatibility of these texts with both Conventions Nos 29 and 105. Pending the adoption of such measures, the Committee urges the Government to take concrete steps with a view to limiting the exaction of compulsory work or services from the population to genuine cases of emergency, or force majeure, and to ensure that the duration and extent of such compulsory work or services, as well as the purpose for which it is used, is limited to what is strictly required by the exigencies of the situation.

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

[The Government is asked to supply full particulars to the Conference at its 104th Session and to reply in detail to the present comments in 2015.]

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Communication of texts. The Committee has noted the Government’s indication in its report that the new draft Penal Code has not yet been enacted by the National Assembly. The Committee hopes that the Government will supply a copy of the new Penal Code, once it is adopted. It also hopes that the Government will not fail to provide, with its next report, copies of laws and regulations governing the execution of penal sentences, as well as compulsory military service laws.

Articles 1(1) and 2(1) of the Convention. Compulsory national service. Over a number of years, the Committee has been referring to section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), under which the expression “forced labour” does not include compulsory national service. It noted that, under article 25(3) of the Constitution of Eritrea, citizens must complete their duty in national service. The Committee has also noted the Government’s repeated reference in its reports to a declaration known as “Warsai Yikaallo Campaign”, promulgated by the National Assembly of Eritrea, through which the population has been engaged in considerable programmes, mainly in reforestation, soil and water conservation, as well as reconstruction activities, as part and parcel of food security programmes.

The Committee recalled, referring also to the explanations provided in paragraphs 62–64 of its 2007 General Survey on the eradication of forced labour, that Article 2(2)(d) of the Convention exempts from its provisions “any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population”. This exception, which involves the concept of emergency, applies in restricted circumstances. In order to respect the limits of the exception, the power to call up labour should be confined to genuine cases of emergency, or force majeure, that is, a sudden, unforeseen happening calling for instant countermeasures. Moreover, the duration and extent of compulsory service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation. On the other hand, the exception in Article 2(2)(d) concerning emergencies should not be understood as allowing the exaction of any kind of compulsory service in case of war, fire or earthquake; this exception can be invoked only for work or service that is strictly required to counter an imminent danger to the population.

The Committee takes due note of the Government’s description of the factual situation in the country, which is referred to as a “threat of war situation”. It further notes the Government’s statement that necessary measures are being taken in practice to limit the exaction of compulsory services to genuine cases of emergency and to take into consideration, in case of compulsory labour, the well-being of people, the specific purpose of the work and the duration of the service.

In this regard, the Committee once again refers to the provisions of article 27 of the Constitution of Eritrea, according to which a state of emergency may be declared by the President by a proclamation published in the Official Gazette, which is subject to approval by the National Assembly and remains in force for a period of six months, which may be extended by the National Assembly for a period of three months at a time. In the absence of such a declaration of emergency, which should also have been limited in duration, if adopted, the Committee points out once again that the existing large-scale and systematic practice of imposing compulsory labour on the population 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 expresses the firm hope that the necessary measures will be taken, both in law and in practice, so as to limit the exaction of compulsory work or services from the population to genuine cases of emergency, or force majeure, that is, to circumstances endangering the existence or the well-being of the whole or part of the population, and to ensure that the duration and extent of such compulsory work or services, as well as the purpose for which it is used, is limited to what is strictly required by the exigencies of the situation. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the compulsory national service programme and its application in practice, supplying copies of rules and regulations governing such service.

Freedom of career military personnel and public service employees to leave their service. The Committee notes with regret that the Government’s report contains no information on this issue. The Committee therefore requests the Government once again to indicate any provisions applicable to career military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length. Please also provide information on provisions applicable to public service employees as regards their right to leave the service at their own request.

Article 2(2)(a). Compulsory military service. Referring to the above considerations concerning compulsory national service (article 25(3) of the Constitution of Eritrea, section 3(17) of Labour Proclamation No. 118/2001), the Committee has noted the Government’s repeated statement in its reports that the main purpose of compulsory national service is to carry out military service. The Committee recalls once again, that under Article 2(2)(a) of the Convention, compulsory military service is excluded from its scope only if used “for work of a purely military character”. The Committee therefore repeats its requests to the Government to indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends and to supply copies of the relevant provisions.

Article 2(2)(c). Prison labour. As regards guarantees to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations, the Committee notes the Government’s renewed statement in its report that such guarantees will be provided by the draft Penal Code of Eritrea. The Committee hopes that the Government will supply a copy of the new Penal Code, once it is adopted. It also requests the Government once again to provide information on the provisions governing the work of convicted persons, supplying copies of relevant texts.

Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3(17) of the Labour Proclamation, the expression “forced labour” does not include communal services. The Committee has noted that, in its report, the Government refers in this connection to various micro dams, roads and forestation programmes, which have been completed over the past 19 years. The Committee further notes the Government’s indications in its report that minor services in Eritrea are related to maintenance work and performed in the direct interest of the community. Noting also the Government’s statements concerning the small scale of such works and consultations of the members of the community, the Committee requests the Government to describe in detail such communal service programmes, giving concrete examples of the works performed and supplying copies of relevant provisions. Please also indicate specific cases in which the members of the community or their direct representatives have been consulted in regard to the need for communal services.

Article 25. Penal sanctions. In its earlier comments, the Committee noted that, according to section 9 of the Labour Proclamation, an employer who engages in forced labour shall be punishable under the Penal Code. It notes the Government’s statement in its report that the new Penal Code now under elaboration will provide adequate penalties for the violation of the provisions of the Convention. The Committee therefore reiterates its hope that the new Penal Code will be adopted in the near future and that it will contain provisions giving effect to Article 25 of the Convention, which requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Communication of texts. The Committee has noted the Government’s indication in its report that the drafting of the new Penal Code has reached its final stage and that a copy will be communicated to the ILO, as soon as the Code is enacted by the National Assembly. The Committee hopes that the Government will supply a copy of the new Penal Code, once it is adopted. It also hopes that the Government will not fail to provide, with its next report, copies of laws and regulations governing the execution of penal sentences, as well as compulsory military service laws.

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. 
1. Compulsory national service. The Committee previously noted that, under section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), the expression “forced labour” does not include compulsory national service. It has also noted that, under article 25(3) of the Constitution of Eritrea, citizens must complete their duty in national service. The Government indicates in its latest report that, under the compulsory national service programme, the whole society is compelled to participate in the activities of agriculture, construction and defence. According to the report, though the required service has been planned for 18 months, the National Assembly of Eritrea promulgated a declaration which is known as “Warsai Yikaallo Campaign”, through which the population has been engaged in considerable programmes, mainly in reforestation, soil and water conservation, as well as reconstruction activities, as part and parcel of food security programme. The Government states that the current factual situation in Eritrea can be characterized as “no war no peace situation”. It also concludes that, since Eritrea is in a threat of war, the current situation amounts to an emergency situation.

The Committee recalls in this connection, referring also to the explanations provided in paragraphs 62–64 of its 2007 General Survey on the eradication of forced labour, that Article 2(2)(d) of the Convention exempts from its provisions “any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population”. This exception, which involves the concept of emergency, applies in restricted circumstances where a calamity or threatened calamity endangers the existence or well-being of the whole or part of the population. In order to respect the limits of the exception provided for in the Convention, the power to call up labour should be confined to genuine cases of emergency, or force majeure, i.e. a sudden, unforeseen happening calling for instant countermeasures. Moreover, the duration and extent of compulsory service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation. On the other hand, the exception in Article 2(2)(d) concerning emergencies should not be understood as allowing the exaction of any kind of compulsory service in case of war, fire or earthquake; this exception can be invoked only for work or service that is strictly required to counter an imminent danger to the population.

The Committee has noted the provisions of article 27 of the Constitution of Eritrea, according to which a state of emergency may be declared by the President by a proclamation published in the Official Gazette, which is subject to approval by the National Assembly and remains in force for a period of six months, which may be extended by the National Assembly for a period of three months at a time. In the absence of such a declaration of emergency, which should have been also limited in duration, if adopted, and taking into account the Government’s description of the factual situation in the country, which is referred to as “no war no peace situation”, it appears that the recourse to compulsory labour in these circumstances cannot be justified by invoking the exception of “emergency” under Article 2(2)(d).

Referring also to the explanations provided in paragraphs 89–91 of its General Survey of 2007 on the eradication of forced labour, the Committee emphasizes that the existing large-scale and systematic practices of imposing compulsory labour on the population within the framework of the national service programme is incompatible both with Conventions Nos 29 and 105, which prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. The Committee therefore trusts that the necessary measures will be taken, both in law and in practice, so as to limit the exaction of compulsory work or services from the population to genuine cases of emergency, or force majeure, i.e. to circumstances endangering the existence or the well-being of the whole or part of the population, and to ensure that the duration and extent of such compulsory work or services, as well as the purpose for which it is used, is limited to what is strictly required by the exigencies of the situation. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the compulsory national service programme and its application in practice, supplying copies of rules and regulations governing such service.

2. Freedom of career military personnel and public service employees to leave their service. Having noted that the Government’s report contains no information on this issue, the Committee again requests the Government to indicate any provisions applicable to career military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length. Please also provide information on provisions applicable to public service employees as regards their right to leave the service at their own request.

Article 2, paragraph 2, subparagraph (a). Compulsory military service. Referring to the above considerations concerning compulsory national service (article 25(3) of the Constitution of Eritrea, section 3(17) of Labour Proclamation No. 118/2001), the Committee has noted the Government’s indication in its report that the main purpose of compulsory national service is to carry out military service. The Committee recalls, referring also to the explanations provided in paragraphs 43‑46 of its 2007 General Survey on the eradication of forced labour, that under Article 2(2)(a) of the Convention, compulsory military service is excluded from its scope only if used “for work of a purely military character”. The Committee therefore again requests the Government to indicate whether guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends and to supply copies of the relevant provisions.

Article 2, paragraph 2, subparagraph (c). Prison labour. As regards guarantees to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations, the Committee has noted the Government’s indication in its report that such guarantees will be provided by the draft Penal Code of Eritrea. The Committee requests the Government to supply a copy of the new Penal Code, once it is adopted, and to provide information on the provisions governing the work of convicted persons, supplying copies of relevant texts.

Article 2, paragraph 2, subparagraph (e). Minor communal services. The Committee previously noted that, under section 3(17) of the Labour Proclamation, the expression “forced labour” does not include communal services. The Committee has noted that, in its latest report, the Government refers in this connection to various micro dams, roads and forestation programmes, which have been completed over the past 16 years.

The Committee recalls that Article 2(2)(e) of the Convention exempts from its provisions “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”. Referring also to the explanations provided in paragraphs 65–66 of its General Survey of 2007 on the eradication of forced labour, the Committee draws the Government’s attention to the following criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services which, under the terms of the Convention, must be abolished (such as forced labour for general or local public works):

–      the services must be “minor services”, i.e. relate primarily to maintenance work and – in exceptional cases – to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

–      the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group;

–      the “members of the community” (i.e. the community which has to perform the services) or their “direct” representative (e.g. the village council) must “have the right to be consulted in regard to the need for such services”.

The small scale of such works must also be reflected in their short duration, which should be such as to make these services really “minor”.

The Committee therefore requests the Government to describe the measures, taken or envisaged, in order to ensure full compliance with the Convention on this point, both in legislation and in practice. Pending the adoption of such measures, please continue to describe such communal services programmes, supplying copies of relevant provisions and indicating, in particular, whether the members of the community or their direct representatives have been consulted in regard to the need for such services.

Article 25. Penal sanctions. The Committee previously noted the provision of section 9 of the Labour Proclamation, according to which an employer who engages in forced labour shall be punishable under the Penal Code. It has also noted the Government’s statement in its latest report that the new Penal Code now under elaboration will provide adequate penalties for the violation of the provisions of the Convention. Recalling that Article 25 of the Convention requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee reiterates its hope that the new Penal Code will be adopted in the near future and that it will contain provisions giving effect to this Article of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Communication of texts. The Committee has noted the Government’s indication in its report that the drafting of the new Penal Code has reached its final stage and that a copy will be communicated to the ILO, as soon as the Code is enacted by the National Assembly. The Committee hopes that the Government will supply a copy of the new Penal Code, once it is adopted. It also hopes that the Government will not fail to provide, with its next report, copies of laws and regulations governing the execution of penal sentences, as well as compulsory military service laws.

Articles 1(1) and 2(1) of the Convention. 1. Compulsory national service. The Committee previously noted that, under section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), the expression “forced labour” does not include compulsory national service. It has also noted that, under article 25(3) of the Constitution of Eritrea, citizens must complete their duty in national service. The Government indicates in its latest report that, under the compulsory national service programme, the whole society is compelled to participate in the activities of agriculture, construction and defence. According to the report, though the required service has been planned for 18 months, the National Assembly of Eritrea promulgated a declaration which is known as “Warsai Yikaallo Campaign”, through which the population has been engaged in considerable programmes, mainly in reforestation, soil and water conservation, as well as reconstruction activities, as part and parcel of food security programme. The Government states that the current factual situation in Eritrea can be characterized as “no war no peace situation”. It also concludes that, since Eritrea is in a threat of war, the current situation amounts to an emergency situation.

The Committee recalls in this connection, referring also to the explanations provided in paragraphs 62–64 of its 2007 General Survey on the eradication of forced labour, that Article 2(2)(d) of the Convention exempts from its provisions “any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population”. This exception, which involves the concept of emergency, applies in restricted circumstances where a calamity or threatened calamity endangers the existence or well-being of the whole or part of the population. In order to respect the limits of the exception provided for in the Convention, the power to call up labour should be confined to genuine cases of emergency, or force majeure, i.e. a sudden, unforeseen happening calling for instant countermeasures. Moreover, the duration and extent of compulsory service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation. On the other hand, the exception in Article 2(2)(d) concerning emergencies should not be understood as allowing the exaction of any kind of compulsory service in case of war, fire or earthquake; this exception can be invoked only for work or service that is strictly required to counter an imminent danger to the population.

The Committee has noted the provisions of article 27 of the Constitution of Eritrea, according to which a state of emergency may be declared by the President by a proclamation published in the Official Gazette, which is subject to approval by the National Assembly and remains in force for a period of six months, which may be extended by the National Assembly for a period of three months at a time. In the absence of such a declaration of emergency, which should have been also limited in duration, if adopted, and taking into account the Government’s description of the factual situation in the country, which is referred to as “no war no peace situation”, it appears that the recourse to compulsory labour in these circumstances cannot be justified by invoking the exception of “emergency” under Article 2(2)(d).

Referring also to the explanations provided in paragraphs 89–91 of its General Survey of 2007 on the eradication of forced labour, the Committee emphasizes that the existing large-scale and systematic practices of imposing compulsory labour on the population within the framework of the national service programme is incompatible both with Conventions Nos 29 and 105, which prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. The Committee therefore trusts that the necessary measures will be taken, both in law and in practice, so as to limit the exaction of compulsory work or services from the population to genuine cases of emergency, or force majeure, i.e. to circumstances endangering the existence or the well-being of the whole or part of the population, and to ensure that the duration and extent of such compulsory work or services, as well as the purpose for which it is used, is limited to what is strictly required by the exigencies of the situation. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the compulsory national service programme and its application in practice, supplying copies of rules and regulations governing such service.

2. Freedom of career military personnel and public service employees to leave their service. Having noted that the Government’s report contains no information on this issue, the Committee again requests the Government to indicate any provisions applicable to career military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length. Please also provide information on provisions applicable to public service employees as regards their right to leave the service at their own request.

Article 2(2)(a). Compulsory military service. Referring to the above considerations concerning compulsory national service (article 25(3) of the Constitution of Eritrea, section 3(17) of Labour Proclamation No. 118/2001), the Committee has noted the Government’s indication in its report that the main purpose of compulsory national service is to carry out military service. The Committee recalls, referring also to the explanations provided in
paragraphs 43–46 of its 2007 General Survey on the eradication of forced labour, that under Article 2(2)(a) of the Convention, compulsory military service is excluded from its scope only if used “for work of a purely military character”. The Committee therefore again requests the Government to indicate whether guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends and to supply copies of the relevant provisions.

Article 2(2)(c). Prison labour. As regards guarantees to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations, the Committee has noted the Government’s indication in its report that such guarantees will be provided by the draft Penal Code of Eritrea. The Committee requests the Government to supply a copy of the new Penal Code, once it is adopted, and to provide information on the provisions governing the work of convicted persons, supplying copies of relevant texts.

Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3(17) of the Labour Proclamation, the expression “forced labour” does not include communal services. The Committee has noted that, in its latest report, the Government refers in this connection to various micro dams, roads and forestation programmes, which have been completed over the past 16 years.

The Committee recalls that Article 2(2)(e) of the Convention exempts from its provisions “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”. Referring also to the explanations provided in paragraphs 65–66 of its General Survey of 2007 on the eradication of forced labour, the Committee draws the Government’s attention to the following criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services which, under the terms of the Convention, must be abolished (such as forced labour for general or local public works):

–      the services must be “minor services”, i.e. relate primarily to maintenance work and – in exceptional cases – to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

–      the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group;

–      the “members of the community” (i.e. the community which has to perform the services) or their “direct” representative (e.g. the village council) must “have the right to be consulted in regard to the need for such services”.

The small scale of such works must also be reflected in their short duration, which should be such as to make these services really “minor”.

The Committee therefore requests the Government to describe the measures, taken or envisaged, in order to ensure full compliance with the Convention on this point, both in legislation and in practice. Pending the adoption of such measures, please continue to describe such communal services programmes, supplying copies of relevant provisions and indicating, in particular, whether the members of the community or their direct representatives have been consulted in regard to the need for such services.

Article 25. Penal sanctions. The Committee previously noted the provision of section 9 of the Labour Proclamation, according to which an employer who engages in forced labour shall be punishable under the Penal Code. It has also noted the Government’s statement in its latest report that the new Penal Code now under elaboration will provide adequate penalties for the violation of the provisions of the Convention. Recalling that Article 25 of the Convention requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee reiterates its hope that the new Penal Code will be adopted in the near future and that it will contain provisions giving effect to this Article of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee requests the Government to supply, with its next report, a copy of the new Penal Code (which, according to the Government, is being prepared to replace the Transitional Penal Code of Eritrea now in force), as soon as it is adopted by the National Assembly, as well as copies of laws and regulations governing the execution of penal sentences and compulsory military service laws. Please also provide additional information on the following points.

Article 2(2)(a) of the Convention. The Committee has noted that, under section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), the expression “forced labour” does not include compulsory national service. Referring to its comments addressed to the Government under Convention No. 105, the Committee requests the Government to provide information on the compulsory national service programme and its application in practice, supplying copies of legislation governing such service, so as to enable the Committee to assess its conformity with the Convention. Please state what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends. Please also indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). Please indicate what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide information on provisions governing the work of convicted persons and supply copies of relevant texts.

Article 2(2)(b) and (e). The Committee has noted that, under section 3(17) of the Labour Proclamation, the expression “forced labour” does not include communal services and normal civic obligations. Please describe such “normal civic obligations” and “communal services” and supply copies of relevant provisions.

Article 25. The Committee has noted the provision of section 9 of the Labour Proclamation, according to which an employer who engages in forced labour shall be punishable under the Penal Code. It has also noted that, under section 570 of the Transitional Penal Code, violation of the right of freedom to work is punishable with simple imprisonment or fine. Recalling that Article 25 requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee expresses the hope that the new Penal Code will be adopted in the near future and that it will contain provisions giving effect to this Article of the Convention. Pending the adoption, it requests the Government to provide information on any legal proceedings which have been instituted as a consequence of the application in practice of section 570 of the Transitional Penal Code and on any penalties imposed, supplying copies of relevant court decisions.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request.

The Committee requests the Government to supply, with its next report, a copy of the new Penal Code (which, according to the Government, is being prepared to replace the Transitional Penal Code of Eritrea now in force), as soon as it is adopted by the National Assembly, as well as copies of laws and regulations governing the execution of penal sentences and compulsory military service laws. Please also provide additional information on the following points.

Article 2(2)(a) of the Convention. The Committee has noted that, under section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), the expression "forced labour" does not include compulsory national service. Referring to its comments addressed to the Government under Convention No. 105, the Committee requests the Government to provide information on the compulsory national service programme and its application in practice, supplying copies of legislation governing such service, so as to enable the Committee to assess its conformity with the Convention. Please state what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends. Please also indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). Please indicate what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide information on provisions governing the work of convicted persons and supply copies of relevant texts.

Article 2(2)(b) and (e). The Committee has noted that, under section 3(17) of the Labour Proclamation, the expression "forced labour" does not include communal services and normal civic obligations. Please describe such "normal civic obligations" and "communal services" and supply copies of relevant provisions.

Article 25. The Committee has noted the provision of section 9 of the Labour Proclamation, according to which an employer who engages in forced labour shall be punishable under the Penal Code. It has also noted that, under section 570 of the Transitional Penal Code, violation of the right of freedom to work is punishable with simple imprisonment or fine. Recalling that Article 25 requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee expresses the hope that the new Penal Code will be adopted in the near future and that it will contain provisions giving effect to this Article of the Convention. Pending the adoption, it requests the Government to provide information on any legal proceedings which have been instituted as a consequence of the application in practice of section 570 of the Transitional Penal Code and on any penalties imposed, supplying copies of relevant court decisions.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to supply, with its next report, a copy of the new Penal Code (which, according to the Government’s report, is being prepared to replace the Transitional Penal Code of Eritrea now in force), as soon as it is adopted by the National Assembly, as well as copies of laws and regulations governing the execution of penal sentences and compulsory military service laws. Please also provide additional information on the following points.

Article 2(2)(a) of the Convention. The Committee has noted that, under section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), the expression "forced labour" does not include compulsory national service. Referring to its comments addressed to the Government under Convention No. 105, the Committee requests the Government to provide information on the compulsory national service programme and its application in practice, supplying copies of legislation governing such service, so as to enable the Committee to assess its conformity with the Convention. Please state what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends. Please also indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). Please indicate what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide information on provisions governing the work of convicted persons and supply copies of relevant texts.

Article 2(2)(b) and (e). The Committee has noted that, under section 3(17) of the Labour Proclamation, the expression "forced labour" does not include communal services and normal civic obligations. Please describe such "normal civic obligations" and "communal services" and supply copies of relevant provisions.

Article 25. The Committee has noted the provision of section 9 of the Labour Proclamation, according to which an employer who engages in forced labour shall be punishable under the Penal Code. It has also noted that, under section 570 of the Transitional Penal Code, violation of the right of freedom to work is punishable with simple imprisonment or fine. Recalling that Article 25 requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee expresses the hope that the new Penal Code will be adopted in the near future and that it will contain provisions giving effect to this Article of the Convention. Pending the adoption, it requests the Government to provide information on any legal proceedings which have been instituted as a consequence of the application in practice of section 570 of the Transitional Penal Code and on any penalties imposed, supplying copies of relevant court decisions.