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

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

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been requesting the Government to take the necessary measures to review the following legislative provisions, which could lead to the imposition of penalties of imprisonment, which involve compulsory prison labour pursuant to section 110(1) of the Transitional Penal Code, for acts through which citizens can express political views or opinions opposed to the established political system:

From Press Proclamation No. 90/1996:

• –section 15(3), according to which a person who prints or reprints for an Eritrean newspaper or publication which does not have a permit, or which is prohibited from printing or reprinting shall be punishable with imprisonment from six months to one year, or a fine;
• –section 15(4), pursuant to which a person who prints or disseminates a foreign newspaper or publication which has been prohibited from or not permitted entry to Eritrea shall be punishable with imprisonment from six months to one year, or a fine;
• –section 15(10), according to which the editor-in-chief and the journalist who disrupts general peace by publishing inaccurate news shall be punishable to penalties ranging from simple imprisonment to a life sentence.

From Proclamation No. 73/1995: Proclamation to legally standardize and articulate religious institutions and activities:

• –section 3(3), read together with section 11(2), pursuant to which the author of a religious publication that interferes directly or indirectly with government politics and creates public unrest shall be punishable by a fine or imprisonment for up to two years, or both.

The Committee notes that the Government reiterates in its report that the expression of political opinions or beliefs is not considered a crime in Eritrea and is safeguarded by section 8 of the Transitional Civil Code, and is only subject to restrictions provided by the law with regard to the rights of others and morality. The Government further indicates that section 404 of the Transitional Civil Code recognizes the right to form associations, that religious freedom is also guaranteed by the law, and that there shall be no interference with its exercise, as long as it is not utilized for political purposes and is not prejudicial to public order or morality. The Committee observes that the Government emphasizes that no citizen was arbitrarily convicted and sentenced to prison labour for expressing his or her political opinion or belief contrary to that of the Government.

In this regard, the Committee notes that in its report of June 2022 the United Nations (UN) Special Rapporteur on the situation of human rights in Eritrea refers to the systematic repression, prolonged and arbitrary detention of thousands of persons expressing dissenting opinions or being perceived as opposed to the Government (including leaders and members of religious groups, members of the political opposition, journalists, activists and draft evaders), without due process guarantees being observed (A/HRC/50/20 paragraphs 39 and 43). While the Committee notes the Government’s indication that it strongly disagrees with the UN human rights reports, it observes that the concerns of the UN Special Rapporteur have also been shared by other UN entities, including the UN Human Rights Council in its resolution of June 2017 (A/HRC/35/L.13/Rev.1 paragraph 6) and the UN Human Rights Committee in its 2019 concluding observations (CCPR/C/ERI/CO/1 paragraph 39). More recently, in its Resolution of 30 June 2022, the UN Human Rights Council called on the Government to extend its efforts to protect and fulfil the rights to freedom of religion or belief, peaceful assembly, association, opinion and expression, including for members of the press (A/HRC/50/L.19 paragraph 5).

The Committee notes with deep concern the above-mentioned information which highlights the fact that persons expressing opinions and views opposed to the established political system appear to continue to be arrested and detained. The Committee once again recalls that Article 1(a) of the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social, or economic system by prohibiting their punishment with penalties which involve compulsory labour, including sentences of imprisonment that entail compulsory labour. The Committee notes that the above-mentioned provisions of Press Proclamation No. 90/1996 and Proclamation No. 73/1995 are drafted in broad terms and their scope of application is not limited to situations of violence or incitement to violence, thereby allowing for their application to persons who peacefully express political views or views opposed to the established political system.

Therefore, the Committee once again urges the Government to take all necessary measures to review sections 15(3), (4) and (10) of Press Proclamation No. 90/1996 and section 3(3) of Proclamation No. 73/1995 to ensure that both in law and practice, no penalties involving compulsory prison labour can be imposed on persons for the peaceful expression of views ideologically opposed to the established political, social or economic system. In the meantime, the Committee requests the Government to provide information on the application in practice of the above-mentioned provisions.

Article 1(b). Compulsory national service for purposes of economic development.For a number of years, the Committee has urged the Government to reform its compulsory National Service programme, which contemplates among its objectives enhancing the economic development of the country using its human resources in a trained and organized manner (section 5 of the National Service Proclamation No. 82/1995).

The Committee notes the Government’s indication that all forms of compulsory labour performed in Eritrea meet the criteria of minor communal services for the best interest of the community, including activities such as reforestation, soil and water conservation as well as reconstruction activities, and food security programmes. According to the Government, these activities are limited to what is strictly required by the exigencies of the situation in Eritrea and are indispensable for the livelihood of the people at large.

The Committee notes that the types of work indicated by the Government do not qualify as “minor services” of short duration and, rather, appear to be large-scale activities whose beneficiary is not only a single community but the whole population of a country. Therefore, imposing on citizens the obligation to perform such activities as part of their compulsory National Service constitutes a method of mobilizing labour for the purposes of economic development, which is prohibited by Article 1(b) of the Convention.

Referring also to its comments under the Forced Labour Convention, 1930 (No. 29), the Committee once again urges the Government to take all the necessary measures to review National Service Proclamation No. 82 and eliminate both in law and practice, the use of compulsory labour in the context of national service obligations which constitutes a method of mobilizing labour for the purposes of economic development. The Committee requests the Government to provide information on the number of persons under compulsory national service obligations who undertake works that contribute to the economic development of the country each year, and the length of such service.

Article 1(d) of the Convention. Penalties involving compulsory labour for participating in strikes. For a number of years, the Committee had been noting that pursuant to Labour Proclamation No. 118/2001, participation in unlawful strikes is considered an unfair labour practice (section 119(8)) punishable with fines, unless in certain cases the provisions of the Criminal Code provide for more severe penalties (section 144). In the case of public servants, failure to carry out the duties in a proper manner and to the prejudice of the public, or participation in a strike with the intention of disturbing public order are punishable with imprisonment not exceeding three months (sections 412 and 413 of the Transitional Penal Code, respectively). The Committee requested the Government to take measures to ensure that both in law and practice, persons organizing and participating peacefully in a strike are not punished with sentences of imprisonment, which involve compulsory prison labour.

The Committee notes the Government’s indication that no civil servant has been punished under sections 412 and 413 of the Transitional Penal Code. The Government emphasises that section 413 shall only apply to persons who participate in unlawful strikes and does not affect workers who run peaceful strikes. The Government adds that it has not come across experiences of strike action and that, regardless of the legality of the strike action in question, no sanctions will be imposed on those persons who participate in strike action under sections 412 and 413 of the Transitional Penal Code.

The Committee recalls that in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in strikes.

Therefore, the Committee requests the Government to take the necessary measures to ensure that both in law and practice, no person can be sanctioned with penalties of imprisonment (involving compulsory prison labour) for participating peacefully in a strike. In the meantime, the Committee requests the Government to continue providing information on the application in practice of sections 412 and 413 of the Transitional Penal Code, including on the facts that have given rise to legal proceedings.

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 1(d) of the Convention. Penalties involving compulsory labour for participating in strikes. The Committee previously noted that, pursuant to Labour Proclamation No. 118/2001, participation in unlawful strikes is considered an unfair labour practice (Article 119(8)) and is punishable with fines (Article 156) unless, in certain cases, the provisions of the Penal Code provide for more severe penalties (Article 154). Under Articles 412 and 413 of the Transitional Penal Code of 1991, participation in strikes by public servants with the intention of disturbing the public order or the public interest is punishable with imprisonment. Moreover, under Article 110 of the Transitional Penal Code, persons who are convicted to imprisonment are subject to the obligation to work in prison.

The Committee further noted the Government’s indication that Article 413 of the Transitional Penal Code is only applicable to persons who participate in unlawful strikes and that it does not concern workers organizing a peaceful strike. The Government considered that the right to strike is one of the essential means available to workers and their organizations to further their interests. It added that no civil servant in Eritrea could be punished with imprisonment involving an obligation to work under Articles 412 and 413 of the Transitional Penal Code. However, the participation in strikes by public servants with the intention of disturbing the public order or the public interest may be punishable by simple imprisonment or a fine. It further indicated that none of the provisions referred to above was applied in practice as no strike had been declared. The Committee nevertheless drew the Government’s attention to the fact that a strike may be declared unlawful for reasons relating to lack of compliance with certain procedural requirements, without those organizing it and participating in it jeopardizing the public order or the strike losing its peaceful nature. Furthermore, the provisions of Article 413 (disorganization of the service by striking), by referring to disturbing the public order or state services, may be broadly interpreted and serve as a basis for the imposition of sentences of imprisonment for participation in a strike, under which, in accordance with Article 110 of the Transitional Penal Code, work may be imposed.  Noting an absence of information in the Government’s report on this point, the Committee once again firmly hopes that the Government will take the necessary measures, particularly in the context of the new Penal Code, to ensure that the legislation does not contain provisions which could be used by the courts to convict persons organizing or participating peacefully in a strike to sentences of imprisonment involving compulsory labour. The Committee also requests the Government to provide information on sentences imposed under Articles 412 and 413 of the Transitional Penal Code of 1991, including on the facts that gave rise to the sentences and the nature of the penalties imposed.

Communication of legislative texts. The Committee notes the Government’s indication that the new civil and penal codes with their procedural laws will be enacted shortly. The Committee requests the Government to provide information on any progress made with regard to the adoption of the civil and penal codes, and to supply copies once they have been adopted.

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

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that several provisions of Press Proclamation No. 90/1996 establish restrictions on printing and publishing (concerning the printing or reprinting of an Eritrean newspaper or publication without a permit; printing or disseminating a foreign newspaper or publication prohibited from entering Eritrea; publishing inaccurate news or information disturbing public order (section 15(3), (4) and (10))), which are punishable with penalties of imprisonment. Under the terms of section 110 of the Transitional Penal Code of 1991, persons convicted to imprisonment are subject to the obligation to work in prison. The Government indicated that expressing a political opinion or belief did not constitute a crime in Eritrea and that since independence, no citizen had been detained for expressing his or her opinion or for criticizing the Government. With regard to religious freedom, the Government referred to Proclamation No. 73/1995 respecting religious institutions and activities and indicated that no interference was allowed in the exercise of the rights of any religion or creed on condition that they are not used for political purposes and are not prejudicial to public order or morality. In this regard, the Committee noted that the United Nations Human Rights Council, in its resolution on the situation of human rights in Eritrea of June 2017, expressed its “deep concern at the severe restrictions on the right to freedom to hold opinions without interference, freedom of expression, including the freedom to seek, receive and impart information, liberty of movement, freedom of thought, conscience and religion, and freedom of peaceful assembly and association, and at the detention of journalists, human rights defenders, political actors, religious leaders and practitioners in Eritrea” (A/HRC/RES/35/35). It also noted that in the context of the Working Group on the Universal Periodic Review, the Government accepted the recommendations of certain countries encouraging it to “reform legislation in the area of the right to freedom of conscience and religion”; ensure that “the rights of all its people to freedom of expression, religion, and peaceful assembly are respected”; and take the “necessary measures to ensure respect for human rights, including the rights of women, political rights, the rights of persons in detention and the right of freedom of expression as it pertains to the press and other media” (A/HRC/26/13/Add.1). The Committee hoped that the Government would take all the necessary measures to ensure that the legislation currently in force, as well as any legislation concerning the exercise of the rights and freedoms under preparation, did not contain any provision which could be used to punish the expression of political opinions or views ideologically opposed to the established political, social or economic system, or the practice of a religion, through the imposition of a sentence of imprisonment under which labour could be imposed.

The Committee notes that the Government, in its report, reiterates its statement that no citizens were arbitrarily arrested for expressing their political opinion or belief nor did any courts impose prison sentences for expressing one’s views or for criticizing the Government. In this regard, the Committee notes that the Human Rights Committee, in its concluding observations under the International Covenant on Civil and Political Rights of May 2019, expressed its concern about reports of ongoing arrest and detention of persons for merely expressing their opinion, including political figures, journalists and religious and community leaders (CCPR/C/ERI/CO/1, para, 39). Moreover, the United Nations Special Rapporteur, in her statement of October 2020 on the situation of human rights in Eritrea, referred to numerous cases of arrests and prolonged imprisonment of journalists and writers for being critical of the Government, as well as individuals and religious communities because of their faith and belief. She stated that Eritrea continues to severely restrict civil liberties and that independent human rights defenders, journalists and political opposition groups cannot work freely in the country. The Committee further notes the Government’s indication that a new civil and penal code and other related codes with their procedural laws have been concluded and will be enacted shortly.

The Committee recalls that the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social or economic system by prohibiting the imposition of penalties which may involve compulsory labour, including sentences of imprisonment including compulsory labour. Freedom of opinion, belief and expression are exercised through various rights, such as the right of assembly and association and freedom of the press. The exercise of these rights enables citizens to secure the dissemination and acceptance of their views, or to practice their religion. While recognizing that certain limitations may be imposed on these rights as a safeguard for public order to protect society, such limitations must be strictly within the framework of the law. In light of these considerations, the Committee urges the Government to take the necessary measures, both in law and in practice, to ensure that no penalties involving compulsory labour are imposed for the peaceful expression of views ideologically opposed to the established political, social or economic system or the practice of a religion, for example by clearly restricting the scope of the provisions under Press Proclamation No. 90/1996 and Proclamation No. 73/1995 to situations connected with the use of violence, or by repealing penalties involving compulsory prison labour. The Committee requests the Government to provide information on any progress made in this regard, as well as information on the application in practice of the provisions of the above Proclamations, with an indication of the acts which gave rise to conviction and the type of penalties imposed.

Article 1(b). Compulsory national service for purposes of economic development. In its previous comments, the Committee referred to its observation concerning the Forced Labour Convention, 1930 (No. 29), in relation to the broad range of types of work exacted from the population as a whole in the context of compulsory national service, as set out in the Proclamation on National Service No. 82 of 1995 and the 2002 Declaration on the “Warsai Yakaalo” Development Campaign. The Committee recalled that this national service obligation, to which all citizens between the ages of 18 and 40 years are subject for an indeterminate period of time, has the objectives of the reconstruction of the country, action to combat poverty and the reinforcement of the national economy and, consequently, is clearly in contradiction with the objective of this Convention which, in Article 1(b), prohibits recourse to compulsory labour “as a method of mobilizing and using labour for purposes of economic development”. It therefore strongly urged the Government to take the necessary measures without delay for the elimination in law and practice of any possibility of using compulsory labour in the context of national service as a method of mobilizing labour for the purposes of economic development.

The Committee notes that the Conference Committee for the Application of Standards concerning the application of the Forced Labour Convention, 1930 (No. 29), in its conclusions adopted in June 2018, noted the Government’s statement that the “Warsai Yakaalo” Development Campaign was no longer in force, and that a number of conscripts had been demobilized and were under the civil service with an adequate salary. The Committee also notes that the Conference Committee 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.

Referring to the ILO Technical Advisory mission report of July 2018, the Committee notes 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 the view that national service could not be considered as a case of “force majeure”, and that the exceptions set out by the Convention No. 29 could not apply to forced labour exacted for economic development purposes for an indefinite period of time. Moreover, 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.

The Committee notes the Government’s statement in its report that Eritrea is in the process of implementing fundamental nation-building principles, and attaches great importance to such principles, which entail creating and expanding national wealth through knowledge-based well-organized productive work, and ensuring equitable distribution of resources and opportunities. If some major tasks such as water supply for all, revival of transport and communication infrastructure, green power generation and electricity supply, housing projects, modern health and education infrastructure are properly implemented, this could lead to wider chances of job creation and employment opportunities for people. It recognizes that the proven commitment, full participation of the people and their relentless toil and resilience is necessary to transform the old traditional subsistence economy to a developed industrial economy and to bring sustainable change to the quality of life of the people. In this respect, people are called upon to carry out economic reconstruction activities, such as reforestation, soil and water conservation and food securing programmes. The Government reiterates that no forced or compulsory labour is used and that the practice of exaction of various kinds of labour from the population is only limited in scope so as to be compatible with the Convention.

In addition, the Committee notes that, in its concluding observations of May 2019, the Human Rights Committee expressed concern about allegations that national service conscripts are deployed for labour in various posts including mining and construction plants owned by private companies, while receiving very little or no salary (CCPR/C/ERI/CO/1, paragraph 37).

The Committee recalls that the prohibition laid down in Article 1(b) of this Convention applies even where recourse to forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development is of temporary or exceptional nature. The Committee further emphasizes that no exceptions to universally recognized human rights should be sought in the name of development (paragraph 308 of the 2012 General Survey on the fundamental Conventions). The Committee therefore urges the Government to take the necessary measures, without delay, to eliminate both in law and practice, the use of compulsory labour in the context of national service as a method of mobilizing labour for the purposes of economic development. 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 strongly encourages the Government to collaborate with the ILO by continuing to avail itself of ILO technical assistance in its efforts to bring its law and practice into compliance with the provisions of the Convention. The Committee requests the Government to provide information on the measures taken as well as on any progress made 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 2020, published 109th ILC session (2021)

Article 1(d) of the Convention. Penalties involving compulsory labour for participating in strikes. The Committee previously noted that, pursuant to Labour Proclamation No. 118/2001, participation in unlawful strikes is considered an unfair labour practice (Article 119(8)) and is punishable with fines (Article 156) unless, in certain cases, the provisions of the Penal Code provide for more severe penalties (Article 154). Under Articles 412 and 413 of the Transitional Penal Code of 1991, participation in strikes by public servants with the intention of disturbing the public order or the public interest is punishable with imprisonment. Moreover, under Article 110 of the Transitional Penal Code, persons who are convicted to imprisonment are subject to the obligation to work in prison.

The Committee further noted the Government’s indication that Article 413 of the Transitional Penal Code is only applicable to persons who participate in unlawful strikes and that it does not concern workers organizing a peaceful strike. The Government considered that the right to strike is one of the essential means available to workers and their organizations to further their interests. It added that no civil servant in Eritrea could be punished with imprisonment involving an obligation to work under Articles 412 and 413 of the Transitional Penal Code. However, the participation in strikes by public servants with the intention of disturbing the public order or the public interest may be punishable by simple imprisonment or a fine. It further indicated that none of the provisions referred to above was applied in practice as no strike had been declared. The Committee nevertheless drew the Government’s attention to the fact that a strike may be declared unlawful for reasons relating to lack of compliance with certain procedural requirements, without those organizing it and participating in it jeopardizing the public order or the strike losing its peaceful nature. Furthermore, the provisions of Article 413 (disorganization of the service by striking), by referring to disturbing the public order or state services, may be broadly interpreted and serve as a basis for the imposition of sentences of imprisonment for participation in a strike, under which, in accordance with Article 110 of the Transitional Penal Code, work may be imposed.  Noting an absence of information in the Government’s report on this point, the Committee once again firmly hopes that the Government will take the necessary measures, particularly in the context of the new Penal Code, to ensure that the legislation does not contain provisions which could be used by the courts to convict persons organizing or participating peacefully in a strike to sentences of imprisonment involving compulsory labour. The Committee also requests the Government to provide information on sentences imposed under Articles 412 and 413 of the Transitional Penal Code of 1991, including on the facts that gave rise to the sentences and the nature of the penalties imposed.

Communication of legislative texts. The Committee notes the Government’s indication that the new civil and penal codes with their procedural laws will be enacted shortly. The Committee requests the Government to provide information on any progress made with regard to the adoption of the civil and penal codes, and to supply copies once they have been adopted.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that several provisions of Press Proclamation No. 90/1996 establish restrictions on printing and publishing (concerning the printing or reprinting of an Eritrean newspaper or publication without a permit; printing or disseminating a foreign newspaper or publication prohibited from entering Eritrea; publishing inaccurate news or information disturbing public order (section 15(3), (4) and (10))), which are punishable with penalties of imprisonment. Under the terms of section 110 of the Transitional Penal Code of 1991, persons convicted to imprisonment are subject to the obligation to work in prison. The Government indicated that expressing a political opinion or belief did not constitute a crime in Eritrea and that since independence, no citizen had been detained for expressing his or her opinion or for criticizing the Government. With regard to religious freedom, the Government referred to Proclamation No. 73/1995 respecting religious institutions and activities and indicated that no interference was allowed in the exercise of the rights of any religion or creed on condition that they are not used for political purposes and are not prejudicial to public order or morality. In this regard, the Committee noted that the United Nations Human Rights Council, in its resolution on the situation of human rights in Eritrea of June 2017, expressed its “deep concern at the severe restrictions on the right to freedom to hold opinions without interference, freedom of expression, including the freedom to seek, receive and impart information, liberty of movement, freedom of thought, conscience and religion, and freedom of peaceful assembly and association, and at the detention of journalists, human rights defenders, political actors, religious leaders and practitioners in Eritrea” (A/HRC/RES/35/35). It also noted that in the context of the Working Group on the Universal Periodic Review, the Government accepted the recommendations of certain countries encouraging it to “reform legislation in the area of the right to freedom of conscience and religion”; ensure that “the rights of all its people to freedom of expression, religion, and peaceful assembly are respected”; and take the “necessary measures to ensure respect for human rights, including the rights of women, political rights, the rights of persons in detention and the right of freedom of expression as it pertains to the press and other media” (A/HRC/26/13/Add.1). The Committee hoped that the Government would take all the necessary measures to ensure that the legislation currently in force, as well as any legislation concerning the exercise of the rights and freedoms under preparation, did not contain any provision which could be used to punish the expression of political opinions or views ideologically opposed to the established political, social or economic system, or the practice of a religion, through the imposition of a sentence of imprisonment under which labour could be imposed.

The Committee notes that the Government, in its report, reiterates its statement that no citizens were arbitrarily arrested for expressing their political opinion or belief nor did any courts impose prison sentences for expressing one’s views or for criticizing the Government. In this regard, the Committee notes that the Human Rights Committee, in its concluding observations under the International Covenant on Civil and Political Rights of May 2019, expressed its concern about reports of ongoing arrest and detention of persons for merely expressing their opinion, including political figures, journalists and religious and community leaders (CCPR/C/ERI/CO/1, para, 39). Moreover, the United Nations Special Rapporteur, in her statement of October 2020 on the situation of human rights in Eritrea, referred to numerous cases of arrests and prolonged imprisonment of journalists and writers for being critical of the Government, as well as individuals and religious communities because of their faith and belief. She stated that Eritrea continues to severely restrict civil liberties and that independent human rights defenders, journalists and political opposition groups cannot work freely in the country. The Committee further notes the Government’s indication that a new civil and penal code and other related codes with their procedural laws have been concluded and will be enacted shortly.

The Committee recalls that the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social or economic system by prohibiting the imposition of penalties which may involve compulsory labour, including sentences of imprisonment including compulsory labour. Freedom of opinion, belief and expression are exercised through various rights, such as the right of assembly and association and freedom of the press. The exercise of these rights enables citizens to secure the dissemination and acceptance of their views, or to practice their religion. While recognizing that certain limitations may be imposed on these rights as a safeguard for public order to protect society, such limitations must be strictly within the framework of the law. In light of these considerations, the Committee urges the Government to take the necessary measures, both in law and in practice, to ensure that no penalties involving compulsory labour are imposed for the peaceful expression of views ideologically opposed to the established political, social or economic system or the practice of a religion, for example by clearly restricting the scope of the provisions under Press Proclamation No. 90/1996 and Proclamation No. 73/1995 to situations connected with the use of violence, or by repealing penalties involving compulsory prison labour. The Committee requests the Government to provide information on any progress made in this regard, as well as information on the application in practice of the provisions of the above Proclamations, with an indication of the acts which gave rise to conviction and the type of penalties imposed.

Article 1(b). Compulsory national service for purposes of economic development. In its previous comments, the Committee referred to its observation concerning the Forced Labour Convention, 1930 (No. 29), in relation to the broad range of types of work exacted from the population as a whole in the context of compulsory national service, as set out in the Proclamation on National Service No. 82 of 1995 and the 2002 Declaration on the “Warsai Yakaalo” Development Campaign. The Committee recalled that this national service obligation, to which all citizens between the ages of 18 and 40 years are subject for an indeterminate period of time, has the objectives of the reconstruction of the country, action to combat poverty and the reinforcement of the national economy and, consequently, is clearly in contradiction with the objective of this Convention which, in Article 1(b), prohibits recourse to compulsory labour “as a method of mobilizing and using labour for purposes of economic development”. It therefore strongly urged the Government to take the necessary measures without delay for the elimination in law and practice of any possibility of using compulsory labour in the context of national service as a method of mobilizing labour for the purposes of economic development.

The Committee notes that the Conference Committee for the Application of Standards concerning the application of the Forced Labour Convention, 1930 (No. 29), in its conclusions adopted in June 2018, noted the Government’s statement that the “Warsai Yakaalo” Development Campaign was no longer in force, and that a number of conscripts had been demobilized and were under the civil service with an adequate salary. The Committee also notes that the Conference Committee 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.

Referring to the ILO Technical Advisory mission report of July 2018, the Committee notes 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 the view that national service could not be considered as a case of “force majeure”, and that the exceptions set out by the Convention No. 29 could not apply to forced labour exacted for economic development purposes for an indefinite period of time. Moreover, 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.

The Committee notes the Government’s statement in its report that Eritrea is in the process of implementing fundamental nation-building principles, and attaches great importance to such principles, which entail creating and expanding national wealth through knowledge-based well-organized productive work, and ensuring equitable distribution of resources and opportunities. If some major tasks such as water supply for all, revival of transport and communication infrastructure, green power generation and electricity supply, housing projects, modern health and education infrastructure are properly implemented, this could lead to wider chances of job creation and employment opportunities for people. It recognizes that the proven commitment, full participation of the people and their relentless toil and resilience is necessary to transform the old traditional subsistence economy to a developed industrial economy and to bring sustainable change to the quality of life of the people. In this respect, people are called upon to carry out economic reconstruction activities, such as reforestation, soil and water conservation and food securing programmes. The Government reiterates that no forced or compulsory labour is used and that the practice of exaction of various kinds of labour from the population is only limited in scope so as to be compatible with the Convention.

In addition, the Committee notes that, in its concluding observations of May 2019, the Human Rights Committee expressed concern about allegations that national service conscripts are deployed for labour in various posts including mining and construction plants owned by private companies, while receiving very little or no salary (CCPR/C/ERI/CO/1, paragraph 37).

The Committee recalls that the prohibition laid down in Article 1(b) of this Convention applies even where recourse to forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development is of temporary or exceptional nature. The Committee further emphasizes that no exceptions to universally recognized human rights should be sought in the name of development (paragraph 308 of the 2012 General Survey on fundamental Conventions). The Committee therefore urges the Government to take the necessary measures, without delay, to eliminate both in law and practice, the use of compulsory labour in the context of national service as a method of mobilizing labour for the purposes of economic development. 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 strongly encourages the Government to collaborate with the ILO by continuing to avail itself of ILO technical assistance in its efforts to bring its law and practice into compliance with the provisions of the Convention. The Committee requests the Government to provide information on the measures taken as well as on any progress made in this regard.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(d) of the Convention. Penalties involving compulsory labour for participating in strikes. The Committee previously noted that, pursuant to Labour Proclamation No. 118/2001, participation in unlawful strikes is considered an unfair labour practice (Article 119(8)) and is punishable with fines (Article 156), unless, in certain cases, the provisions of the Penal Code provide for more severe penalties (Article 154). Under Articles 412 and 413 of the Transitional Penal Code of 1991, participation in strikes by public servants with the intention of disturbing public order or the public interest is punishable with imprisonment. Moreover, under Article 110 of the Transitional Penal Code, persons who are convicted to imprisonment are subject to the obligation to work in prison. While noting the Government’s indication that Article 413 of the Transitional Penal Code is only applicable in cases of participation in unlawful strikes, the Committee recalls that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike (see General Survey on the fundamental Conventions, 2012, paragraph 315).

In its report, the Government once again indicates that Article 413 of the Transitional Penal Code is only applicable to persons who participate in unlawful strikes and that it does not concern workers organizing a peaceful strike. The Government considers that the right to strike is one of the essential means available to workers and their organizations to further their interests. It adds that no civil servant in Eritrea can be punished with imprisonment involving an obligation to work under Articles 412 and 413 of the Transitional Penal Code. However, the participation in strikes by public servants with the intention of disturbing public order or the public interest may be punishable by simple imprisonment or a fine.

The Committee notes this information and the fact that none of the provisions referred to above has been applied in practice as no strike has been declared. The Committee nevertheless draws the Government’s attention to the fact that a strike may be declared unlawful for reasons relating to lack of compliance with certain procedural requirements, without those organizing it and participating in it jeopardizing public order or the strike losing its peaceful nature. Furthermore, the provisions of Article 413 (disorganization of the service by striking), by referring to disturbing public order or state services, may be broadly interpreted and serve as a basis for the imposition, for participation in a strike, of sentences of imprisonment under which, in accordance with Article 110 of the Transitional Penal Code, work may be imposed. The Committee therefore expresses the firm hope that the Government will take the necessary measures, particularly in the context of the new Penal Code, to ensure that the legislation does not contain provisions which could be used by the courts to convict persons organizing or participating peacefully in a strike to sentences of imprisonment.

Communication of legislative texts. The Committee notes the Government’s indication that the process of the revision of the transitional legislative texts in the country was completed in May 2015 and that the new Penal Code will be communicated once it is published. Noting that the Government does not refer in its report to any provision of the new Penal Code, the Committee requests it to specify whether the new Code has entered into force and, if so, to provide a copy. It also once again requests the Government to provide copies of the provisions implementing the Constitution and governing political parties.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2018 and requests the Government to provide its comments in this respect.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that no prison sentences (under the terms of which compulsory labour may be required) are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. In this respect, it noted that several provisions of Press Proclamation No. 90/1996 establish restrictions on printing and publishing (concerning the printing or reprinting of an Eritrean newspaper or publication without a permit; printing or disseminating a foreign newspaper or publication prohibited from entering Eritrea; publishing inaccurate news or information disturbing public order (article 15(3), (4) and (10))), which are punishable with penalties of imprisonment. Under the terms of article 110 of the Transitional Penal Code of 1991, persons convicted to imprisonment are subject to the obligation to work in prison. The Committee noted in this regard that, in her May 2014 report, the United Nations Special Rapporteur on the situation of human rights in Eritrea indicated that violations of rights, such as infringements of freedom of expression and opinion, assembly, association and religious belief, were still as numerous.

The Committee notes the Government’s indication in its report that it is well known that expressing a political opinion or belief is not a crime in Eritrea. Since independence, no citizen has been detained for expressing his or her opinion or for criticizing the Government. The only restrictions on freedom of expression are related to the rights of others, morality, sovereignty and national security. The Government refers to the 1997 Constitution which not only protects fundamental freedoms, such as freedom of expression and opinion, assembly, association and religious belief, but also provides judicial and administrative remedies in case of violation. With regard to religious freedom, the Government refers to Proclamation No. 73/1995 respecting religious institutions and activities and indicates that no interference is allowed in the exercise of the rights of any religion or creed on condition that they are not used for political purposes and are not prejudicial to public order or morality. The Committee also notes the Government’s view that the situation described in the report of the United Nations Special Rapporteur on the situation of human rights in Eritrea is misrepresented and that several of the allegations contained in the report, to which the Committee referred, are untrue.

The Committee notes that, in its latest resolution on the situation of human rights in Eritrea, adopted in June 2017, the United Nations Human Rights Council expresses its “deep concern at the severe restrictions on the right to freedom to hold opinions without interference, freedom of expression, including the freedom to seek, receive and impart information, liberty of movement, freedom of thought, conscience and religion, and freedom of peaceful assembly and association, and at the detention of journalists, human rights defenders, political actors, religious leaders and practitioners in Eritrea” (A/HRC/RES/35/35). The Committee also notes that, in the context of the Working Group on the Universal Periodic Review, the Government accepted the recommendations of certain countries encouraging it to “reform legislation in the area of the right to freedom of conscience and religion”; ensure that “the rights of all its people to freedom of expression, religion, and peaceful assembly are respected”; and take the “necessary measures to ensure respect for human rights, including the rights of women, political rights, the rights of persons in detention and the right of freedom of expression as it pertains to the press and other media” (A/HRC/26/13/Add.1).

The Committee recalls that the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social or economic system by prohibiting the imposition of penalties which may involve compulsory labour, including sentences of imprisonment including compulsory labour. Freedom of opinion, belief and expression are exercised through various rights, such as the right of assembly and association and freedom of the press. The exercise of these rights enables citizens to secure the dissemination and acceptance of their views, or to practice their religion. While recognizing that certain limitations made be imposed on these rights as a safeguard for public order to protect society, such limitations must be strictly within the framework of the law. In light of these considerations, the Committee expresses the firm hope that the Government will take all the necessary measures to ensure that the legislation that is currently in force, as well as any legislation that is being prepared concerning the exercise of the rights and freedoms referred to above, does not contain any provision which could be used to punish the expression of political opinions or views ideologically opposed to the established political, social or economic system, or the practice of a religion, through the imposition of a sentence of imprisonment under which labour could be imposed (as is the case for sentences of imprisonment in Eritrea). In this regard, the Committee requests the Government to provide information on any sentences of imprisonment imposed for violations of the provisions of the Press Proclamation (No. 90/1996) or Proclamation No. 73/1995 respecting religious institutions and activities, with an indication of the acts which gave rise to conviction to such penalties.

Article 1(b). Compulsory national service for purposes of economic development. The Committee refers to its observation concerning the Forced Labour Convention, 1930 (No. 29), in relation to the broad range of types of work exacted from the population as a whole in the context of compulsory national service, as set out in the Proclamation on National Service No. 82 of 1995 and the 2002 Declaration on the “Warsai Yakaalo” Development Campaign. The Committee expresses deep concern at the absence of progress in law and practice to circumscribe the obligation of service within the limits authorized by the two forced labour Conventions. It recalls that this national service obligation, to which all citizens between the ages of 18 and 40 years are subject for an indeterminate period of time, has the objectives of the reconstruction of the country, action to combat poverty and the reinforcement of the national economy and, consequently, is in blatant contradiction with the objective of this Convention which, in Article 1(b), prohibits recourse to compulsory labour “as a method of mobilising and using labour for purposes of economic development”. The Committee therefore strongly urges the Government to take the necessary measures without delay for the elimination in law and practice of any possibility of using compulsory labour in the context of national service as a method of mobilizing labour for the purposes of economic development.

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

The Committee expects 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)

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 initially made in 2017.

Repetition

Article 1(d) of the Convention. Penalties involving compulsory labour for participating in strikes. The Committee previously noted that, pursuant to Labour Proclamation No. 118/2001, participation in unlawful strikes is considered an unfair labour practice (Article 119(8)) and is punishable with fines (Article 156), unless, in certain cases, the provisions of the Penal Code provide for more severe penalties (Article 154). Under Articles 412 and 413 of the Transitional Penal Code of 1991, participation in strikes by public servants with the intention of disturbing public order or the public interest is punishable with imprisonment. Moreover, under Article 110 of the Transitional Penal Code, persons who are convicted to imprisonment are subject to the obligation to work in prison. While noting the Government’s indication that Article 413 of the Transitional Penal Code is only applicable in cases of participation in unlawful strikes, the Committee recalls that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike (see General Survey on the fundamental Conventions, 2012, paragraph 315).

In its report, the Government once again indicates that Article 413 of the Transitional Penal Code is only applicable to persons who participate in unlawful strikes and that it does not concern workers organizing a peaceful strike. The Government considers that the right to strike is one of the essential means available to workers and their organizations to further their interests. It adds that no civil servant in Eritrea can be punished with imprisonment involving an obligation to work under Articles 412 and 413 of the Transitional Penal Code. However, the participation in strikes by public servants with the intention of disturbing public order or the public interest may be punishable by simple imprisonment or a fine.

The Committee notes this information and the fact that none of the provisions referred to above has been applied in practice as no strike has been declared. The Committee nevertheless draws the Government’s attention to the fact that a strike may be declared unlawful for reasons relating to lack of compliance with certain procedural requirements, without those organizing it and participating in it jeopardizing public order or the strike losing its peaceful nature. Furthermore, the provisions of Article 413 (disorganization of the service by striking), by referring to disturbing public order or state services, may be broadly interpreted and serve as a basis for the imposition, for participation in a strike, of sentences of imprisonment under which, in accordance with Article 110 of the Transitional Penal Code, work may be imposed. The Committee therefore expresses the firm hope that the Government will take the necessary measures, particularly in the context of the new Penal Code, to ensure that the legislation does not contain provisions which could be used by the courts to convict persons organizing or participating peacefully in a strike to sentences of imprisonment.

Communication of legislative texts. The Committee notes the Government’s indication that the process of the revision of the transitional legislative texts in the country was completed in May 2015 and that the new Penal Code will be communicated once it is published. Noting that the Government does not refer in its report to any provision of the new Penal Code, the Committee requests it to specify whether the new Code has entered into force and, if so, to provide a copy. It also once again requests the Government to provide copies of the provisions implementing the Constitution and governing political parties.

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

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2018 and requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that no prison sentences (under the terms of which compulsory labour may be required) are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. In this respect, it noted that several provisions of Press Proclamation No. 90/1996 establish restrictions on printing and publishing (concerning the printing or reprinting of an Eritrean newspaper or publication without a permit; printing or disseminating a foreign newspaper or publication prohibited from entering Eritrea; publishing inaccurate news or information disturbing public order (article 15(3), (4) and (10))), which are punishable with penalties of imprisonment. Under the terms of article 110 of the Transitional Penal Code of 1991, persons convicted to imprisonment are subject to the obligation to work in prison. The Committee noted in this regard that, in her May 2014 report, the United Nations Special Rapporteur on the situation of human rights in Eritrea indicated that violations of rights, such as infringements of freedom of expression and opinion, assembly, association and religious belief, were still as numerous.

The Committee notes the Government’s indication in its report that it is well known that expressing a political opinion or belief is not a crime in Eritrea. Since independence, no citizen has been detained for expressing his or her opinion or for criticizing the Government. The only restrictions on freedom of expression are related to the rights of others, morality, sovereignty and national security. The Government refers to the 1997 Constitution which not only protects fundamental freedoms, such as freedom of expression and opinion, assembly, association and religious belief, but also provides judicial and administrative remedies in case of violation. With regard to religious freedom, the Government refers to Proclamation No. 73/1995 respecting religious institutions and activities and indicates that no interference is allowed in the exercise of the rights of any religion or creed on condition that they are not used for political purposes and are not prejudicial to public order or morality. The Committee also notes the Government’s view that the situation described in the report of the United Nations Special Rapporteur on the situation of human rights in Eritrea is misrepresented and that several of the allegations contained in the report, to which the Committee referred, are untrue.

The Committee notes that, in its latest resolution on the situation of human rights in Eritrea, adopted in June 2017, the United Nations Human Rights Council expresses its “deep concern at the severe restrictions on the right to freedom to hold opinions without interference, freedom of expression, including the freedom to seek, receive and impart information, liberty of movement, freedom of thought, conscience and religion, and freedom of peaceful assembly and association, and at the detention of journalists, human rights defenders, political actors, religious leaders and practitioners in Eritrea” (A/HRC/RES/35/35). The Committee also notes that, in the context of the Working Group on the Universal Periodic Review, the Government accepted the recommendations of certain countries encouraging it to “reform legislation in the area of the right to freedom of conscience and religion”; ensure that “the rights of all its people to freedom of expression, religion, and peaceful assembly are respected”; and take the “necessary measures to ensure respect for human rights, including the rights of women, political rights, the rights of persons in detention and the right of freedom of expression as it pertains to the press and other media” (A/HRC/26/13/Add.1).

The Committee recalls that the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social or economic system by prohibiting the imposition of penalties which may involve compulsory labour, including sentences of imprisonment including compulsory labour. Freedom of opinion, belief and expression are exercised through various rights, such as the right of assembly and association and freedom of the press. The exercise of these rights enables citizens to secure the dissemination and acceptance of their views, or to practice their religion. While recognizing that certain limitations made be imposed on these rights as a safeguard for public order to protect society, such limitations must be strictly within the framework of the law. In light of these considerations, the Committee expresses the firm hope that the Government will take all the necessary measures to ensure that the legislation that is currently in force, as well as any legislation that is being prepared concerning the exercise of the rights and freedoms referred to above, does not contain any provision which could be used to punish the expression of political opinions or views ideologically opposed to the established political, social or economic system, or the practice of a religion, through the imposition of a sentence of imprisonment under which labour could be imposed (as is the case for sentences of imprisonment in Eritrea). In this regard, the Committee requests the Government to provide information on any sentences of imprisonment imposed for violations of the provisions of the Press Proclamation (No. 90/1996) or Proclamation No. 73/1995 respecting religious institutions and activities, with an indication of the acts which gave rise to conviction to such penalties.

Article 1(b). Compulsory national service for purposes of economic development. The Committee refers to its observation concerning the Forced Labour Convention, 1930 (No. 29), in relation to the broad range of types of work exacted from the population as a whole in the context of compulsory national service, as set out in the Proclamation on National Service No. 82 of 1995 and the 2002 Declaration on the “Warsai Yakaalo” Development Campaign. The Committee expresses deep concern at the absence of progress in law and practice to circumscribe the obligation of service within the limits authorized by the two forced labour Conventions. It recalls that this national service obligation, to which all citizens between the ages of 18 and 40 years are subject for an indeterminate period of time, has the objectives of the reconstruction of the country, action to combat poverty and the reinforcement of the national economy and, consequently, is in blatant contradiction with the objective of this Convention which, in Article 1(b), prohibits recourse to compulsory labour “as a method of mobilising and using labour for purposes of economic development”. The Committee therefore strongly urges the Government to take the necessary measures without delay for the elimination in law and practice of any possibility of using compulsory labour in the context of national service as a method of mobilizing labour for the purposes of economic development.

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 2017, published 107th ILC session (2018)

Article 1(d) of the Convention. Penalties involving compulsory labour for participating in strikes. The Committee previously noted that, pursuant to Labour Proclamation No. 118/2001, participation in unlawful strikes is considered an unfair labour practice (Article 119(8)) and is punishable with fines (Article 156), unless, in certain cases, the provisions of the Penal Code provide for more severe penalties (Article 154). Under Articles 412 and 413 of the Transitional Penal Code of 1991, participation in strikes by public servants with the intention of disturbing public order or the public interest is punishable with imprisonment. Moreover, under Article 110 of the Transitional Penal Code, persons who are convicted to imprisonment are subject to the obligation to work in prison. While noting the Government’s indication that Article 413 of the Transitional Penal Code is only applicable in cases of participation in unlawful strikes, the Committee recalls that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike (see General Survey on the fundamental Conventions, 2012, paragraph 315).

In its report, the Government once again indicates that Article 413 of the Transitional Penal Code is only applicable to persons who participate in unlawful strikes and that it does not concern workers organizing a peaceful strike. The Government considers that the right to strike is one of the essential means available to workers and their organizations to further their interests. It adds that no civil servant in Eritrea can be punished with imprisonment involving an obligation to work under Articles 412 and 413 of the Transitional Penal Code. However, the participation in strikes by public servants with the intention of disturbing public order or the public interest may be punishable by simple imprisonment or a fine.

The Committee notes this information and the fact that none of the provisions referred to above has been applied in practice as no strike has been declared. The Committee nevertheless draws the Government’s attention to the fact that a strike may be declared unlawful for reasons relating to lack of compliance with certain procedural requirements, without those organizing it and participating in it jeopardizing public order or the strike losing its peaceful nature. Furthermore, the provisions of Article 413 (disorganization of the service by striking), by referring to disturbing public order or state services, may be broadly interpreted and serve as a basis for the imposition, for participation in a strike, of sentences of imprisonment under which, in accordance with Article 110 of the Transitional Penal Code, work may be imposed. The Committee therefore expresses the firm hope that the Government will take the necessary measures, particularly in the context of the new Penal Code, to ensure that the legislation does not contain provisions which could be used by the courts to convict persons organizing or participating peacefully in a strike to sentences of imprisonment.

Communication of legislative texts. The Committee notes the Government’s indication that the process of the revision of the transitional legislative texts in the country was completed in May 2015 and that the new Penal Code will be communicated once it is published. Noting that the Government does not refer in its report to any provision of the new Penal Code, the Committee requests it to specify whether the new Code has entered into force and, if so, to provide a copy. It also once again requests the Government to provide copies of the provisions implementing the Constitution and governing political parties.

[The Government is asked to reply in full to the present comments in 2018.]

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

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that no prison sentences (under the terms of which compulsory labour may be required) are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. In this respect, it noted that several provisions of Press Proclamation No. 90/1996 establish restrictions on printing and publishing (concerning the printing or reprinting of an Eritrean newspaper or publication without a permit; printing or disseminating a foreign newspaper or publication prohibited from entering Eritrea; publishing inaccurate news or information disturbing public order (Article 15(3), (4) and (10))), which are punishable with penalties of imprisonment. Under the terms of Article 110 of the Transitional Penal Code of 1991, persons convicted to imprisonment are subject to the obligation to work in prison. The Committee noted in this regard that, in her May 2014 report, the United Nations Special Rapporteur on the situation of human rights in Eritrea indicated that violations of rights, such as infringements of freedom of expression and opinion, assembly, association and religious belief, were still as numerous.

The Committee notes the Government’s indication in its report that it is well known that expressing a political opinion or belief is not a crime in Eritrea. Since independence, no citizen has been detained for expressing his or her opinion or for criticizing the Government. The only restrictions on freedom of expression are related to the rights of others, morality, sovereignty and national security. The Government refers to the 1997 Constitution which not only protects fundamental freedoms, such as freedom of expression and opinion, assembly, association and religious belief, but also provides judicial and administrative remedies in case of violation. With regard to religious freedom, the Government refers to Proclamation No. 73/1995 respecting religious institutions and activities and indicates that no interference is allowed in the exercise of the rights of any religion or creed on condition that they are not used for political purposes and are not prejudicial to public order or morality. The Committee also notes the Government’s view that the situation described in the report of the United Nations Special Rapporteur on the situation of human rights in Eritrea is misrepresented and that several of the allegations contained in the report, to which the Committee referred, are untrue.

The Committee notes that, in its latest resolution on the situation of human rights in Eritrea, adopted in June 2017, the United Nations Human Rights Council expresses its “deep concern at the severe restrictions on the right to freedom to hold opinions without interference, freedom of expression, including the freedom to seek, receive and impart information, liberty of movement, freedom of thought, conscience and religion, and freedom of peaceful assembly and association, and at the detention of journalists, human rights defenders, political actors, religious leaders and practitioners in Eritrea” (A/HRC/RES/35/35). The Committee also notes that, in the context of the Working Group on the Universal Periodic Review, the Government accepted the recommendations of certain countries encouraging it to “reform legislation in the area of the right to freedom of conscience and religion”; ensure that “the rights of all its people to freedom of expression, religion, and peaceful assembly are respected”; and take the “necessary measures to ensure respect for human rights, including the rights of women, political rights, the rights of persons in detention and the right of freedom of expression as it pertains to the press and other media” (A/HRC/26/13/Add.1).

The Committee recalls that the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social or economic system by prohibiting the imposition of penalties which may involve compulsory labour, including sentences of imprisonment including compulsory labour. Freedom of opinion, belief and expression are exercised through various rights, such as the right of assembly and association and freedom of the press. The exercise of these rights enables citizens to secure the dissemination and acceptance of their views, or to practice their religion. While recognizing that certain limitations made be imposed on these rights as a safeguard for public order to protect society, such limitations must be strictly within the framework of the law. In light of these considerations, the Committee expresses the firm hope that the Government will take all the necessary measures to ensure that the legislation that is currently in force, as well as any legislation that is being prepared concerning the exercise of the rights and freedoms referred to above, does not contain any provision which could be used to punish the expression of political opinions or views ideologically opposed to the established political, social or economic system, or the practice of a religion, through the imposition of a sentence of imprisonment under which labour could be imposed (as is the case for sentences of imprisonment in Eritrea). In this regard, the Committee requests the Government to provide information on any sentences of imprisonment imposed for violations of the provisions of the Press Proclamation (No. 90/1996) or Proclamation No. 73/1995 respecting religious institutions and activities, with an indication of the acts which gave rise to conviction to such penalties.

Article 1(b). Compulsory national service for purposes of economic development. The Committee refers to its observation concerning the Forced Labour Convention, 1930 (No. 29), in relation to the broad range of types of work exacted from the population as a whole in the context of compulsory national service, as set out in the Proclamation on National Service No. 82 of 1995 and the 2002 Declaration on the “Warsai Yakaalo” Development Campaign. The Committee expresses deep concern at the absence of progress in law and practice to circumscribe the obligation of service within the limits authorized by the two forced labour Conventions. It recalls that this national service obligation, to which all citizens between the ages of 18 and 40 years are subject for an indeterminate period of time, has the objectives of the reconstruction of the country, action to combat poverty and the reinforcement of the national economy and, consequently, is in blatant contradiction with the objective of this Convention which, in Article 1(b), prohibits recourse to compulsory labour “as a method of mobilising and using labour for purposes of economic development”. The Committee therefore strongly urges the Government to take the necessary measures without delay for the elimination in law and practice of any possibility of using compulsory labour in the context of national service as a method of mobilizing labour for the purposes of economic development.

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

[The Government is asked to reply in 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 has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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

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

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

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

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Communication of texts. The Committee notes the Government’s indication in its report that the drafting of the new Penal Code and the Civil Service Code has reached its final stage and that copies will be communicated to the Office, as soon as the Codes are enacted by the National Assembly. The Committee hopes that the Government will supply copies of the new Penal Code and the Civil Service Code, once they are adopted. It also hopes that the Government will supply, with its next report, a copy of the law governing political parties and any provisions governing labour discipline in merchant shipping. Please also supply a copy of the Transitional Criminal Procedural Code of Eritrea, as well as any rules and regulations governing the execution of penal sentences, which might have been adopted under this Code.

Article 1(a) of the Convention. Penal sanctions for violation of provisions restricting political freedoms. The Committee previously noted that, under article 26 of the Constitution of Eritrea, certain fundamental rights and freedoms guaranteed under the Constitution may be limited in the interests of national security, public safety or economic well-being of the country, for the prevention of public disorder, etc. It requested the Government to describe any restrictions imposed by law on the freedom of speech and expression, freedom of the press and other media, on the right to assemble and to demonstrate peacefully and on the right to form political parties, indicating sanctions which may be imposed for violation of such restrictions.

The Committee has noted the Government’s repeated statement in the reports that there has been no restriction of fundamental rights and freedoms so far. It has also noted the Government’s indication that public assemblies, meetings and demonstrations are governed only by the provisions of article 19 of the Constitution of Eritrea. The Committee again requests the Government to describe the procedure of organization of public assemblies, meetings and demonstrations, indicating, in particular, whether any sanctions can be imposed in case of non-compliance with the prescribed procedure, for example, for failure to obtain a permit to organize a public meeting. Please also indicate whether there are any restrictions on forming political parties or associations and whether the restrictions are enforceable with penal sanctions, supplying copies of the relevant provisions.

The Committee previously noted that, under certain provisions of the Press Proclamation (No. 90/1996), various offences connected with violation of restrictions on printing and publishing (such as, for example, printing or reprinting for an Eritrean newspaper or publication which does not have a permit; printing or disseminating a foreign newspaper or publication which has been prohibited from entry into Eritrea; publishing inaccurate news or information disrupting general peace, etc. (section 15(3), (4) and (10)), are punishable with penalties of imprisonment, which involves an obligation to work.

The Committee recalled that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, such views may be expressed either orally or through the press and other communications media. It requested the Government to take measures in order to bring the above provisions of the Press Proclamation into conformity with the Convention. Noting that the Government’s report contains no information on this issue, the Committee reiterates its hope that, on the occasion of the revision of the legislation in connection with the adoption of the new Penal Code, measures will be taken, in order to bring the above provisions into conformity with the Convention. It requests the Government to provide, in its next report, information on the progress made in this regard.

Article 1(b). Compulsory national service for development purposes. The Committee refers to its comments concerning compulsory national service (article 25(3) of the Constitution, section 3(17) of Labour Proclamation
No. 118/2001) addressed to the Government under Convention No. 29, likewise ratified by Eritrea, in which it pointed out that the existing 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 prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development.

Article 1(d). Punishment for having participated in strikes. Referring to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), likewise ratified by Eritrea, the Committee previously noted certain provisions of the Labour Proclamation of Eritrea
(No. 118/2001), under which participation in unlawful strikes shall be considered as unfair labour practices (section 119(8)) punishable with fines (section 156), unless the provisions of the Penal Code provide for more severe penalties (section 154). The Committee requested the Government to indicate whether any penal sanctions are applicable for participation in unlawful strikes, and, if so, supply information on their application in practice, including copies of any relevant court decisions. The Committee also noted from the Government’s 2007 report that, under sections 412 and 413 of the Transitional Penal Code of Eritrea, participation in strikes of public servants with the intention of disturbing public order or the public interest is punishable with imprisonment (which involves an obligation to work).

While having noted the Government’s repeated indication that there have been no strikes in Eritrea and therefore the above provisions have not been applied in practice, the Committee reiterates its hope that the necessary measures will be taken, for example, in connection with the adoption of the new Penal Code, in order to ensure, both in legislation and in practice, that no sanctions involving compulsory labour can be imposed for having participated in peaceful strikes.

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 and the Civil Service Code has reached its final stage and that copies will be communicated to the ILO, as soon as the Codes are enacted by the National Assembly. The Committee hopes that the Government will supply copies of the new Penal Code and the Civil Service Code, once they are adopted. It also hopes that the Government will not fail to provide, with its next report, a copy of the law governing political parties and any provisions governing labour discipline in merchant shipping. Please also communicate a copy of the Transitional Criminal Procedural Code of Eritrea, as well as any rules and regulations governing the execution of penal sentences, which might have been adopted under this Code.

Article 1, subparagraph a, of the Convention. Penal sanctions for violation of provisions restricting political freedoms. 1. The Committee previously noted that, under article 26 of the Constitution of Eritrea, certain fundamental rights and freedoms guaranteed under the Constitution may be limited in the interests of national security, public safety or economic well-being of the country, for the prevention of public disorder, etc. It requested the Government to describe any restrictions imposed by law on the freedom of speech and expression, freedom of the press and other media, on the right to assemble and to demonstrate peacefully and on the right to form political parties, indicating sanctions which may be imposed for violation of such restrictions.

The Committee has noted the Government’s statement in the report that there has been no restriction of the fundamental rights and freedoms so far. The Government also indicates that public assemblies, meetings and demonstrations are governed only by the provisions of article 19 of the Constitution of Eritrea. While noting these indications, the Committee requests the Government to describe the procedure of organization of public assemblies, meetings and demonstrations, indicating, in particular, whether any sanctions can be imposed in case of the non-respect of the prescribed procedure, e.g. for failure to obtain a permit to organize a public meeting. Please also indicate whether there are any restrictions to form political parties or associations and whether such restrictions are enforceable with penal sanctions, supplying copies of the relevant provisions.

2. The Committee has noted that under certain provisions of the Press Proclamation (No. 90/1996), various offences connected with violation of restrictions on printing and publishing (such as, for example, printing or reprinting for an Eritrean newspaper or publication which does not have a permit; printing or disseminating a foreign newspaper or publication which has been prohibited from entry into Eritrea; publishing inaccurate news or information disrupting general peace, etc. (section 15(3), (4) and (10)), are punishable with penalties of imprisonment, which involves an obligation to work.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, such views may be expressed either orally or through the press and other communications media. The Committee refers in this connection to the explanations provided in paragraphs 152–166 of its 2007 General Survey on the eradication of forced labour, where it has observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee, therefore, hopes that, in the light of the above explanations, measures will be taken, on the occasion of the revision of the legislation in connection with the adoption of the new Penal Code, in order to bring the above provisions into conformity with the Convention. It requests the Government to provide, in its next report, information on the progress made in this regard.

Article 1, subparagraph b. Compulsory national service for development purposes. The Committee refers to its comments concerning compulsory national service (article 25(3) of the Constitution of Eritrea, section 3(17) of the Labour Proclamation No. 118/2001) addressed to the Government under Convention No. 29, likewise ratified by Eritrea, in which it pointed out that the existing 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.

Article 1, subparagraph d. Punishment for having participated in strikes. Referring to its comments made under Convention No. 87, likewise ratified by Eritrea, the Committee previously noted certain provisions of the Labour Proclamation of Eritrea (No. 118/2001), under which participation in unlawful strikes shall be considered as unfair labour practices (section 119(8)) punishable with fines (section 156), unless the provisions of the Penal Code provide for more severe penalties (section 154). The Committee requested the Government to indicate whether any penal sanctions are applicable for participation in unlawful strikes, and, if so, supply information on their application in practice, including copies of any relevant court decisions.

The Committee has noted from the Government’s report that, under sections 412 and 413 of the Transitional Penal Code of Eritrea, participation in strikes of public servants with the intention of disturbing public order or the public interest is punishable with imprisonment (which involves an obligation to work). While noting the Government’s indication that there have been no strikes in Eritrea and therefore the above provisions have not been applied in practice, the Committee hopes that the necessary measures will be taken, e.g., in connection with the adoption of the new Penal Code, in order to ensure, both in legislation and, in practice, that no sanctions involving compulsory labour can be imposed for having participated in strikes.

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 and the Civil Service Code has reached its final stage and that copies will be communicated to the ILO, as soon as the Codes are enacted by the National Assembly. The Committee hopes that the Government will supply copies of the new Penal Code and the Civil Service Code, once they are adopted. It also hopes that the Government will not fail to provide, with its next report, a copy of the law governing political parties and any provisions governing labour discipline in merchant shipping. Please also communicate a copy of the Transitional Criminal Procedural Code of Eritrea, as well as any rules and regulations governing the execution of penal sentences, which might have been adopted under this Code.

Article 1(a) of the Convention. Penal sanctions for violation of provisions restricting political freedoms. 1. The Committee previously noted that, under article 26 of the Constitution of Eritrea, certain fundamental rights and freedoms guaranteed under the Constitution may be limited in the interests of national security, public safety or economic well-being of the country, for the prevention of public disorder, etc. It requested the Government to describe any restrictions imposed by law on the freedom of speech and expression, freedom of the press and other media, on the right to assemble and to demonstrate peacefully and on the right to form political parties, indicating sanctions which may be imposed for violation of such restrictions.

The Committee has noted the Government’s statement in the report that there has been no restriction of the fundamental rights and freedoms so far. The Government also indicates that public assemblies, meetings and demonstrations are governed only by the provisions of article 19 of the Constitution of Eritrea. While noting these indications, the Committee requests the Government to describe the procedure of organization of public assemblies, meetings and demonstrations, indicating, in particular, whether any sanctions can be imposed in case of the non-respect of the prescribed procedure, e.g. for failure to obtain a permit to organize a public meeting. Please also indicate whether there are any restrictions to form political parties or associations and whether such restrictions are enforceable with penal sanctions, supplying copies of the relevant provisions.

2. The Committee has noted that under certain provisions of the Press Proclamation (No. 90/1996), various offences connected with violation of restrictions on printing and publishing (such as, for example, printing or reprinting for an Eritrean newspaper or publication which does not have a permit; printing or disseminating a foreign newspaper or publication which has been prohibited from entry into Eritrea; publishing inaccurate news or information disrupting general peace, etc. (section 15(3), (4) and (10)), are punishable with penalties of imprisonment, which involves an obligation to work.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, such views may be expressed either orally or through the press and other communications media. The Committee refers in this connection to the explanations provided in paragraphs 152–166 of its 2007 General Survey on the eradication of forced labour, where it has observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee, therefore, hopes that, in the light of the above explanations, measures will be taken, on the occasion of the revision of the legislation in connection with the adoption of the new Penal Code, in order to bring the above provisions into conformity with the Convention. It requests the Government to provide, in its next report, information on the progress made in this regard.

Article 1(b). Compulsory national service for development purposes. The Committee refers to its comments concerning compulsory national service (article 25(3) of the Constitution of Eritrea, section 3(17) of the Labour Proclamation No. 118/2001) addressed to the Government under Convention No. 29, likewise ratified by Eritrea, in which it pointed out that the existing 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.

Article 1(d). Punishment for having participated in strikes. Referring to its comments made under Convention No. 87, likewise ratified by Eritrea, the Committee previously noted certain provisions of the Labour Proclamation of Eritrea (No. 118/2001), under which participation in unlawful strikes shall be considered as unfair labour practices (section 119(8)) punishable with fines (section 156), unless the provisions of the Penal Code provide for more severe penalties (section 154). The Committee requested the Government to indicate whether any penal sanctions are applicable for participation in unlawful strikes, and, if so, supply information on their application in practice, including copies of any relevant court decisions.

The Committee has noted from the Government’s report that, under sections 412 and 413 of the Transitional Penal Code of Eritrea, participation in strikes of public servants with the intention of disturbing public order or the public interest is punishable with imprisonment (which involves an obligation to work). While noting the Government’s indication that there have been no strikes in Eritrea and therefore the above provisions have not been applied in practice, the Committee hopes that the necessary measures will be taken, e.g., in connection with the adoption of the new Penal Code, in order to ensure, both in legislation and, in practice, that no sanctions involving compulsory labour can be imposed for having participated in strikes.

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 following matters raised in its previous direct request:

The Committee has noted that the Transitional Penal Code of Eritrea is now under revision and requests the Government to supply a copy of the new Penal Code, as soon as it is adopted by the National Assembly. The Committee also requests the Government to communicate, with its next report, copies of the legislation in force in the following fields: the laws and regulations governing the execution of penal sentences; the laws governing the press and public assemblies, meetings and demonstrations; the law governing political parties; a new Civil Service Code, once adopted; and any provisions governing labour discipline in merchant shipping. Please also provide additional information on the following points:

Article 1(a) of the Convention. The Committee has noted that, under article 26 of the Constitution of Eritrea, certain rights and freedoms guaranteed under the Constitution may be limited in the interests of national security, public safety or economic well-being of the country, for the prevention of public disorder, etc. It requests the Government to describe any restrictions imposed by law on the freedom of speech and expression, freedom of the press and other media, on the right to assemble and to demonstrate peacefully and on the right to form political parties, indicating sanctions which may be imposed for violation of such restrictions and supplying copies of relevant texts.

Article 1(b). According to the information available to the Committee, it appears that all citizens between the ages of 18 and 40 are required to participate in a national service programme, which included military training and civic action programmes, and high school students are required to participate in a paid summer work programme. The Committee requests the Government to provide information on these programmes and their application in practice, so as to enable the Committee to ascertain the observance of the Convention.

Article 1(d). Referring to its 2002 comments made under Convention No. 87, likewise ratified by Eritrea, the Committee has noted certain provisions of the Labour Proclamation of Eritrea (No. 118/2001), under which participation in unlawful strikes shall be considered as unfair labour practices (section 119(8)) punishable with fines (section 156), unless the provisions of the Penal Code provide for more severe penalties (section 154). The Government is requested to indicate whether any penal sanctions are applicable for participation in unlawful strikes, and if so, supply information on their application in practice, including copies of any 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, which read as follows:

The Committee has noted that the Transitional Penal Code of Eritrea is now under revision and requests the Government to supply a copy of the new Penal Code, as soon as it is adopted by the National Assembly. The Committee also requests the Government to communicate, with its next report, copies of the legislation in force in the following fields: the laws and regulations governing the execution of penal sentences; the laws governing the press and public assemblies, meetings and demonstrations; the law governing political parties; a new Civil Service Code, once adopted; and any provisions governing labour discipline in merchant shipping. Please also provide additional information on the following points:

Article 1(a) of the Convention. The Committee has noted that, under article 26 of the Constitution of Eritrea, certain rights and freedoms guaranteed under the Constitution may be limited in the interests of national security, public safety or economic well-being of the country, for the prevention of public disorder, etc. It requests the Government to describe any restrictions imposed by law on the freedom of speech and expression, freedom of the press and other media, on the right to assemble and to demonstrate peacefully and on the right to form political parties, indicating sanctions which may be imposed for violation of such restrictions and supplying copies of relevant texts.

Article 1(b). According to the information available to the Committee, it appears that all citizens between the ages of 18 and 40 are required to participate in a national service programme, which included military training and civic action programmes, and high school students are required to participate in a paid summer work programme. The Committee requests the Government to provide information on these programmes and their application in practice, so as to enable the Committee to ascertain the observance of the Convention.

Article 1(d). Referring to its 2002 comments made under Convention No. 87, likewise ratified by Eritrea, the Committee has noted certain provisions of the Labour Proclamation of Eritrea (No. 118/2001), under which participation in unlawful strikes shall be considered as unfair labour practices (section 119(8)) punishable with fines (section 156), unless the provisions of the Penal Code provide for more severe penalties (section 154). The Government is requested to indicate whether any penal sanctions are applicable for participation in unlawful strikes, and if so, supply information on their application in practice, including copies of any 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 notes that the Transitional Penal Code of Eritrea is now under revision and requests the Government to supply a copy of the new Penal Code, as soon as it is adopted by the National Assembly. The Committee also requests the Government to communicate, with its next report, copies of the legislation in force in the following fields: the laws and regulations governing the execution of penal sentences; the laws governing the press and public assemblies, meetings and demonstrations; the law governing political parties; a new Civil Service Code, once adopted; and any provisions governing labour discipline in merchant shipping. Please also provide additional information on the following points:

Article 1(a) of the Convention. The Committee has noted that, under article 26 of the Constitution of Eritrea, certain rights and freedoms guaranteed under the Constitution may be limited in the interests of national security, public safety or economic well-being of the country, for the prevention of public disorder, etc. It requests the Government to describe any restrictions imposed by law on the freedom of speech and expression, freedom of the press and other media, on the right to assemble and to demonstrate peacefully and on the right to form political parties, indicating sanctions which may be imposed for violation of such restrictions and supplying copies of relevant texts.

Article 1(b). The Committee has noted from the US Department of State Country Reports on Human Rights Practices (2002), that all citizens between the ages of 18 and 40 were required to participate in a national service programme, which included military training and civic action programmes, and high school students were required to participate in a paid summer work programme. The Committee requests the Government to provide information on these programmes and their application in practice, so as to enable the Committee to ascertain the observance of the Convention.

Article 1(d). Referring to its 2002 comments made under Convention No. 87, likewise ratified by Eritrea, the Committee has noted certain provisions of the Labour Proclamation of Eritrea (No. 118/2001), under which participation in unlawful strikes shall be considered as unfair labour practices (section 119(8)) punishable with fines (section 156), unless the provisions of the Penal Code provide for more severe penalties (section 154). The Government is requested to indicate whether any penal sanctions are applicable for participation in unlawful strikes, and if so, supply information on their application in practice, including copies of any relevant court decisions.