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Comments adopted by the CEACR: Eritrea

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 2(2)(c) of the Convention. Prison labour. In its previous comments, the Committee noted that compulsory labour may be imposed as an alternative to a short-term prison sentence, in accordance with article 102 of the Transitional Penal Code of 1991. With reference to the compulsory labour of persons convicted to a sentence of imprisonment, as set out in article 110 of the Transitional Penal Code, the Government indicated that the work is assigned by the Director of Prisons and that the prisoner is entitled to receive compensation if the work and conduct are satisfactory. The amount of daily compensation and the conditions for execution of the sentence are governed by the Prison Regulations. The Committee requested the Government to indicate whether the Director of Prisons may assign work to a prisoner to be carried out for a private entity and the conditions under which such work is performed. The Committee also requested the Government to provide the text of the Prison Regulations or any provision governing the conditions of work of persons convicted to a sentence of imprisonment.
The Committee notes the absence of information in the Government’s report. However, the Committee notes that a new Penal Code was adopted on 15 May 2015. According to its section 73(d), prisoners who are able to work are compelled to work in tasks suited to their ability, for such compensation as is deemed reasonable under the law. Moreover, according to section 88(1), a court may propose to an offender the choice of performing community work as a condition of a suspended sentence and probation, or in lieu of a financial penalty imposed which the offender is unable to satisfy. Section 88(4) provides that community work includes work on projects designed to benefit the welfare of the public and society, including projects to improve education, public lands, public health, public facilities and public roads, and that community work may not confer a benefit to a private individual or business except as may be incidental to the public benefit. Noting that prisoners have an obligation to work under section 73(d) of the 2015 Penal Code, the Committee requests the Government to indicate whether prisoners may perform work for a private entity and the conditions under which such work is performed. The Committee also requests the Government to provide information on any provision governing the conditions of work of persons convicted to a sentence of imprisonment, including a copy of such provisions.
Article 2(2)(e). Minor communal services. In its previous comments, the Committee noted that, under the terms of article 3(17) of the Labour Proclamation, the expression “forced labour” does not include “communal services”. It requested the Government to describe in greater detail the communal services carried out by the population, providing specific examples of the services carried out, with an indication in particular of whether persons who refuse to participate in communal services are liable to penalties. The Government indicated that communal work mainly relates to soil and water conservation and that, through such work, many micro-dams, roads and reforestation projects had been carried out over the past 25 years. Schools and medical centres had also been built to provide essential services for the communities concerned. It added that the members or representatives of communities were frequently consulted on the need for communal work. Moreover, no one had so far been punished for refusing to participate in communal services. The Committee noted this information and, considering that communal services had been undertaken for many years and appeared to continue to be of a certain level of importance for the communities concerned, as well as the country, the Committee requested the Government to indicate the measures adopted or envisaged to regulate participation in such services.
The Committee notes the absence of information in the Government’s report. The Committee reminds the Government that work exacted in the context of communal service shall be limited to “minor services”, that is to say work primarily relating to small-scale and short-term maintenance work; the services are performed in the direct interest of the community and are not intended to benefit a wider group; and members of the community who have to perform such services have the right to be consulted in regard to the need for such services (see 2012 General Survey on the fundamental Conventions, paragraph 281). The Committee once again requests the Government to indicate the measures adopted or envisaged to regulate participation in such services, with a view to ensuring that work exacted in this context is limited to “minor communal services” as defined by the Convention.
Article 25. Penal sanctions. In its previous comments, the Committee noted that, under section 565 of the Transitional Penal Code, the offence of enslavement is punishable by a sentence of between five and 20 years of imprisonment and a fine. Moreover, under its section 570, any person who, by intimidation, violence, fraud or any other unlawful means, forces another person to accept work or certain conditions of work is liable to a sentence of “simple imprisonment” or a fine. The Government indicated that labour inspectors and the police played an important role in identifying situations of forced labour. However, based on the information available, no case of forced labour had been lodged with any criminal court. With reference to the strict enforcement of adequate penalties, the Government indicated that it would transmit the new Penal Code once adopted. The Committee hoped that on the occasion of the adoption of the new Penal Code the Government would take all the necessary measures to reinforce the legislative framework to combat forced labour.
The Committee notes the absence of information in the Government’s report. However, the Committee notes section 108(2)(c) of the Penal Code adopted in 2015 defines “enslavement” as the exercise of any or all of the powers attached to the right of ownership over a person, including the exercise of such power in the course of trafficking in persons, in particular women and children. Its section 297 criminalizes enslavement and trafficking and provides for a punishment of imprisonment of seven to ten years. If the victim is under 18 years of age, the crime is punishable by imprisonment of 13 to 16 years. Moreover, its section 299 provides that a person who by intimidation, violence, fraud or any other unlawful means, compels another to accept a particular employment or particular conditions of employment, is guilty of violation of the right of freedom to work, punishable by imprisonment of six to 12 months or a fine. Under aggravated situations (section 300), for example when the perpetrator uses weapons or the number of victims is large, the offence is punishable by imprisonment of one to three years. The Committee observes that, according to section 299 of the 2015 Penal Code, the penalties imposed on perpetrators of forced labour can be limited to fines or short-term prison sentences, which does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive (see 2012 General Survey on the fundamental Conventions, paragraph 319). The Committee therefore requests the Government to provide information on the application of sections 297, 299 and 300 of the 2015 Penal Code in practice, including the number of investigations and prosecutions carried out and the penalties applied to persons exacting forced labour, with an indication of the facts giving rise to the legal proceedings and the provisions used by the prosecution and judicial authorities.

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)
The Committee notes the detailed discussion which took place in the Conference Committee on the Application of Standards in May–June 2018, concerning the application by Eritrea of the Convention. It also notes the observations of the International Organisation of Employers (IOE), received on 1 September 2018. The Committee further notes the report of the Technical Advisory Mission of the ILO to Eritrea that took place from 23 to 27 July 2018.
Articles 1(1) and 2(1) of the Convention. Compulsory national service. In the context of their previous examinations of the application of the Convention, both the Conference Committee and the Committee of Experts urged the Government to amend or repeal the Proclamation on National Service (No. 82 of 1995) and the 2002 statement concerning the Warsai Yakaalo Development Campaign in order to bring an end to the generalized and systematic practice of the exaction of compulsory labour from the population in the context of programmes related to the obligation of national service.
The Committee noted that, at the legislative level, the Constitution establishes the obligation for citizens to perform their duty of national service (article 25(3)) and that the Proclamation on National Service specifies that this obligation concerns all citizens aged between 18 and 50 years (article 6). This obligation includes active national service and service in the reserve army. Active national service, which concerns all citizens aged between 18 and 40 years, is divided into two periods: six months of active national service in the National Service Training Centre; and 12 months of active military service and development tasks in the military forces (article 8). The objectives of national service include the establishment of a strong defence force based on the people to ensure a free and sovereign Eritrea. The Committee also noted that, in practice, the conscription of all citizens between the ages of 18 and 40 years for an indeterminate period had been institutionalized through the Warsai Yakaalo Development Campaign, approved by the National Assembly in 2002. In this respect, the Government confirmed that, in the context of their national service, conscripts could be called upon to perform other types of work and that in practice they participated in many programmes, including the construction of roads and bridges, reforestation, soil and water preservation, reconstruction and activities intended to improve food security.
The Committee recalled that, although the Convention explicitly provides for a limited number of cases in which ratifying States may exact compulsory labour from the population, particularly in the context of normal civic obligations, compulsory military service and situations of emergency, the conditions under which compulsory labour is exacted are strictly defined and the work involved must respond to precise requirements to be excluded from the definition of forced labour. The Committee reaffirmed that, in view of its duration, scope, objectives of the national service (reconstruction, action to combat poverty and strengthening of the national economy), and the broad range of work performed, labour exacted from the population in the framework of compulsory national service goes beyond the exceptions authorized by the Convention and constitutes forced labour.
The Committee notes that, in its conclusions adopted in June 2018, the Conference Committee noted the Government’s statement that the Warsai Yakaalo Development Campaign is no longer in force, and that a number of conscripts have been demobilized and are now under the civil service with an adequate salary. It urged the Government to amend or revoke the Proclamation on National Service, bring an end to forced labour, ensure the cessation of the use of conscripts for the exaction of forced labour in line with the Convention, and avail itself without delay of ILO technical assistance.
The Committee notes that, in its observations, the IOE emphasizes the urgency of bringing an end to compulsory national service for the purpose of development in Eritrea. The IOE also urges the Government to cooperate with the ILO and encourages it to avail itself of ILO technical assistance.
The Committee notes from the report of the ILO Technical Advisory Mission that various stakeholders pointed out that the duration of national service had been prolonged due to unrelenting threats and the state of belligerency of Ethiopia. Despite the threat of war, the Government had taken several measures to demobilize conscripts and to rehabilitate them within the civil service. However, while the demobilization process was initially implemented successfully, the subsequent phases were terminated with the state of belligerency of Ethiopia. The Government reiterates that the power to mobilize labour was related to a genuine situation of force majeure, and that it had no option but to take the necessary measures of self-defence that were proportionate to the threat faced by Eritrea.
The Committee also notes from the mission report a consensus prevailing among the various interlocutors the mission met with that it was important to understand the context of the national service with respect to any engagement with Eritrea. This context included the fact that the obligation of every citizen to undertake national service had to be seen in the light of the situation of “no war, no peace” which had been devastating for the country, and that national service had been part of the Eritrean national struggle for liberation even though national service of an indefinite duration had never been on the Government’s agenda. While recognizing that many Eritreans were willing to be part of the national service which was not intended to be “indefinite”, and that national service was essential not only to ensuring the development of the country but also to ensuring its very existence, the Committee notes that the mission was of view that national service could not be considered as a case of “force majeure”, and that the exceptions set out by the Convention could not apply to forced labour exacted for economic development purposes for an indefinite period of time.
The Committee further notes that a range of stakeholders indicated to the mission that, in light of the recent peace treaty between Eritrea and Ethiopia, the compulsory nature of the national service would no longer be justified and demobilization was expected to happen, even though no precise date has been specified. In this context, the mission report highlights that ILO technical assistance could be useful on employment-related issues, to the extent that these could be linked to the demobilization project. Future collaboration could include training on labour market reform pursuant to demobilization of the population, employment creation, income-generating activities and skills training especially for the younger population, as well as capacity building of labour administration and labour inspection. Lastly, the Committee notes that the Government and social partners indicated to the mission that they were keen to receive technical assistance with a view to ratifying the Worst Forms of Child Labour Convention, 1999 (No. 182).
The Committee notes the Government’s reference in its report to the joint declaration of Eritrea and Ethiopia on peace and friendship made on 9 July 2018, which indicates the intention of the two parties to end the state of war, open a new era of peace and friendship, implement the decision of the boundary commission and advance the vital interest of their people. The Government indicates that the peace accord has cleared the root cause and the existential threats that had been raised by the delegation of Eritrea to the Conference Committee. In this context, the Government remains engaged to work jointly on all outstanding issues and welcomes ILO technical assistance in order to enhance the whole labour administration to promote and protect the rights of employers and workers through integrated measures, as well as through comprehensive policies and programme, so as to fully comply with ILO standards. Additionally, the Committee notes that the Security Council of the United Nations welcomes the Agreement on Peace, Friendship and Comprehensive Cooperation signed by the President of Eritrea and the Prime Minister of Ethiopia on 16 September 2018.
In light of the above information, the Committee welcomes the recent peace agreement concluded between Eritrea and Ethiopia, as well as the fact that demobilization from the national service is expected to take place soon. It also takes due note of the political will demonstrated by the Government to address the issues raised by the Committee and the Conference Committee, including through its acceptance to receive an ILO technical advisory mission to examine the issues raised. In this respect, noting the Government’s indication to the members of the Technical Advisory Mission of its willingness to avail itself of ILO technical assistance, the Committee urges the Government to continue to collaborate with the ILO by seeking ILO technical assistance with a view to amending or repealing Proclamation No. 82 of 1995 on National Service, so as to: (a) limit the work exacted from the population within the framework of compulsory national service to military training and work of a purely military character; and (b) limit the exaction of compulsory work or services from the population to genuine cases of emergency, by ensuring that the duration and extent of such compulsory work or services are limited to what is strictly required by the exigencies of the situation. It also encourages the Government to collaborate with the ILO on a broader basis on issues linked to the demobilization from the national service as highlighted in the mission report. In addition, noting the Government’s intention to ratify Convention No. 182, the Committee requests the Government to further engage in ILO technical assistance in this regard.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that section 362 of the Civil Code adopted in 2015 defines trade unions as groupings formed with a view to defending the financial interests of their members or to representing a particular calling and provides that they shall be subject to the special laws concerning trade unions. Paragraph 2 of this provision provides that in the absence of special laws trade unions shall be subject to the provisions of chapter 2 of title 3 of the Civil Code governing civil law associations. The Committee requests the Government to clarify how trade unions defined in article 362 of the Civil Code relate to associations of employees and employers defined in section 3(19) of the Labour Proclamation and regulated under its title VIII. Furthermore, the Committee requests the Government to provide information with regard to any developments concerning the drafting or adoption of special laws concerning trade unions.
Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to amend section 116(3) of the Labour Proclamation according to which the agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Committee notes the Government’s indication that even though the amendment of section 116(3) is under consideration, no change is envisaged with regard to the requirement of a simple majority of employees to take strike action, as expressed through secret ballot. In this regard, the Committee considers that the requirement of the agreement of an absolute majority of workers for calling a strike can excessively hinder the exercise of the right to strike, especially in large enterprises. Further, if a country deems it appropriate to require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see the 2012 General Survey on the fundamental Conventions, paragraph 147). Therefore, the Committee reiterates its request and firmly expects that the Government will amend section 116(3) of the Labour Proclamation in the very near future, so as to ensure that if a strike vote is required, only the votes cast are counted. It requests the Government to report on the progress made in this respect.

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Civil liberties. In its previous comments, the Committee repeatedly requested the Government to provide information on how it ensures the right of trade unions to hold public meetings and demonstrations. The Committee notes that the Government affirms in its report that the right of trade unions to hold public meetings and demonstrations is secured both in law and in practice, however, it once again provides no specific information on any measures taken to ensure protection of this right. Recalling that the right of trade unions to hold public meetings and demonstrations is an essential aspect of freedom of association, the Committee once again requests the Government to provide specific information regarding how the right is secured both in law and in practice.
Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Compulsory national service. In its previous comment, the Committee had urged the Government to change its law and practice, to ensure that Eritrean nationals are not denied the right to organize beyond the legally restricted period of military service, during which they would perform work of purely military character.
The Committee recalls that the population has been mobilized since the 1998-2000 border war with Ethiopia. It notes that recent reports of several United Nations human rights bodies and procedures, including the Committee on Elimination of Discrimination against Women (CEDAW/C/ERI/CO/6, para. 10), and the Special Rapporteur on the situation of human rights in Eritrea (A/HRC/44/23, para. 32), indicate that national service continues to be of an indefinite period.
The Committee notes the Government’s indication that conscripts may be called to perform non-military activities only in genuine cases of emergency or force majeure and makes a particular reference to the threat of famine. In this regard, while the Committee takes due note of the serious food security challenges faced by the country, it also recalls that under the Convention, workers in agriculture, natural resource and eco-system management and other development activities aiming at ensuring food security have the right to establish and join organizations of their own choosing. It observes in this respect that in Eritrea, National Service Proclamation 82/1995 allows the assignment to development work of servicemen and women, who, as members of the armed forces, are excluded from all labour rights including the right to freedom of association, both during active national service and reserve military service. The Committee considers that depriving workers of their right to freedom of association through assigning men and women to work in development projects in the framework of compulsory national service, which remains of indefinite duration, is contrary to the obligations of Eritrea under the Convention, as such work – even if aimed to ensure food security – may not be excluded from the Convention’s scope of application.
The Committee notes that the Government refers to its policy of self-reliance in protecting people from hunger or force majeure, which would entail that as a developing country, it must be given sufficient time to give effect to the Convention. In this regard, the Committee recalls that ensuring respect for fundamental principles and rights at work, such as the freedom of association rights and guarantees set out in the Convention, results in undeniable benefits to the development of human potential and economic growth in general and therefore contributes to economic recovery, social justice and sustainable peace (see the 2012 General Survey on the fundamental Conventions, paragraph 4).
In view of the above considerations, the Committee once again urges the Government to take all the necessary measures so as to ensure that Eritrean nationals are not denied the right to organize beyond the period of military service, during which they would perform work only of a purely military character.
Civil servants. Since its initial comments, the Committee has consistently requested and urged the Government to expedite the process of drafting the Civil Service Code to ensure that the right of civil servants to organize is guaranteed, given that these workers are excluded from the scope of the Labour Proclamation. The Committee notes the Government’s indication that certain groups such as teachers, medical doctors, nurses, electrical contractors and engineers, composed mostly of civil servants, have established and registered professional associations under articles 404 and 406 of the transitional civil code of Eritrea. The Government also once again indicates that the Civil Servants’ Code of Eritrea is still at the final stage of drafting, the same indication it has given for a number of years. The Committee understands that civil law associations do not have the same rights as labour law associations in terms of representation of the occupational interests of their members in relation to the employer and the authorities. They also are not covered by labour law guarantees such as prohibition of anti-union discrimination and non-interference. Finally, the Committee notes that in its report on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Government indicates that demobilized members of national service are gradually integrated into civil service, which implies that the number of civil servants will grow, while these workers will not enjoy the full rights and guarantees set out in the Convention. Regretting the lack of progress in this respect, the Committee once again urges the Government to take all the necessary measures to ensure without further delay that all civil servants are fully guaranteed their freedom of association rights under the Convention.
Domestic workers. The Committee notes that section 40 of Labour Proclamation provides that the Minister may determine by regulation the provisions of the Proclamation that shall apply to all or to a category of domestic employees and the manner of their application. The Committee considers that this provision casts doubt on the application of all labour law guarantees enshrined in the Proclamation to domestic workers, including the provisions concerning freedom of association. It further notes that the Civil Code published in 2015 contains provisions governing the contract of domestic employment, without however covering freedom of association rights. The Committee recalls that in the framework of its examination of application of Convention No. 98, it has consistently requested the Government to ensure that the rights of domestic workers are explicitly guaranteed. According to the information submitted by the Government, no specific rules other than the civil code provisions govern domestic work. Therefore, the Committee requests the Government to take any necessary measures, including through the abrogation of section 40 of the Labour Proclamation or the rapid adoption of a regulation, to ensure that domestic workers enjoy all rights under the Convention.
The Committee is raising other matters in a request addressed directly to the Government.

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1, 2 and 4 of the Convention. Legislative issues. The Committee recalls that since its first examination of application of the Convention in Eritrea, it has consistently requested the Government to amend legislation or adopt additional laws and regulations in order to provide adequate protection against anti-union discrimination and acts of interference, and to recognize and guarantee the rights of domestic workers and civil servants under the Convention.
With regard to protection against anti-union discrimination and acts of interference, the Committee notes that the Government reiterates that violations of prohibition of anti-union discrimination and acts of interference are punishable as a petty offence under article 691 of the Transitional Penal Code of Eritrea, which concerns infringement of a provision of a regulation, order or decree lawfully issued by a competent authority. The Government further recognizes that with regard to acts of anti-union discrimination during employment, the Labour Proclamation only provides for reinstatement of trade union leaders in cases of unjustified dismissal. Therefore, the Ministry of Labour and Social Welfare will conduct a tripartite workshop with a view to finalizing the drafting of relevant legal provisions. The Committee is bound to note that the Government’s indications do not contain any novelty concerning the legislative shortcomings of the protection against anti-union discrimination and acts of interference. It notes that article 691 of the Transitional Penal Code contains a general definition of petty offences, and does not particularly concern anti-union discrimination or acts of interference, which do not seem to be qualified as petty offences in any specific legal provision. Furthermore, in view of the fact that a new Penal Code was adopted and published in 2015, which seems to replace the Transitional Penal Code, the Committee requests the Government to clarify whether the provisions of the previous Transitional Penal Code are still in force in the country.
With regard to domestic workers, the Committee notes that the Government indicates that: (i) since domestic workers are not included in the list of article 3 of Labour Proclamation, which enumerates the groups of workers that fall outside its scope, it is reasonable to construe the text as providing coverage for this group; (ii), under article 40 of the Proclamation, which grants to the Minister the power to determine the provisions of the Proclamation which shall apply to domestic workers, the guarantees enshrined in the Convention can be afforded to domestic workers by directive or regulation; and (iii) the 2015 Civil Code also includes provisions concerning the rights of domestic workers and no domestic workers in Eritrea are prohibited from the rights to organize and collective bargaining. The Committee notes that articles 2274–2278 of the Civil Code concern the contract for domestic employment and the mutual obligations of the parties to it but that these provisions do not contain reference to freedom of association or the right to collective bargaining. Furthermore, while domestic workers are not excluded from the scope of Labour Proclamation under article 3, the Committee understands from the Government's response and the content of article 40 of the Proclamation that the application of all labour law guarantees, including those concerning collective rights, to domestic workers would be entirely dependent on the content of a future ministerial directive. Therefore, the Committee once again notes with concern that Eritrean law still does not explicitly provide domestic workers with the rights established in the Convention.
With regard to public sector, the Committee notes that the Government indicates that the workers of public sector who are excluded from the scope of Labour Proclamation pursuant to its article 3, have the right to organize and bargain collectively, as in the absence of the Civil Service Code the transitional civil code prevails. The Committee notes nevertheless that in 2015 a new Civil Code was published that replaced the Transitional Civil Code of 1991, and that article 2176 of this Code excludes members of the military, police, and security forces, as well as members of the Eritrean civil services, judges and prosecutors from the scope of the chapter on employment. Article 2182 of the Civil Code, which establishes the right to conclude collective agreements, is in this chapter. The Committee is therefore bound to note that the new Civil Code reproduces the exclusions of article 3 of Labour Proclamation concerning public sector employees. The Committee recalls in this regard that the Convention covers all workers and employers, and their respective organizations, in both the private and the public sectors, regardless of whether the service is essential. The only exceptions authorized concern the armed forces and the police, as well as public servants engaged in the administration of the State. In view of the above considerations and noting with concern the absence of progress with respect to the various substantive legislative issues raised in its previous comments, the Committee once again urges the Government to take all the necessary measures to enact new legislation or revise the existing legislation in order to: (i) provide adequate protection against anti-union discrimination and acts of interference, and (ii) ensure that domestic workers and civil servants who are not engaged in the administration of the State enjoy the right to organize and collectively bargain. The Committee requests the Government to provide information of the developments in this regard.
Articles 4, 5 and 6. Promotion of collective bargaining. Compulsory national service. The Committee recalls that in its previous comment, it had noted with concern that large numbers of Eritrean nationals were denied the right to collective bargaining for indefinite periods of their active lives while they were performing civilian activities that fell under the scope of the Convention as part of their obligation of compulsory national service. It had therefore urged the Government to take the necessary measures to ensure that Eritrean nationals are not denied the right to bargain collectively beyond the scope of the exceptions set out in Articles 5 and 6 of the Convention. The Committee notes the Government’s indication that conscripts may be called to perform non-military activities in specific circumstances, namely in genuine cases of emergency or force majeure. It further adds that that it has been taking progressive measures to demobilize and rehabilitate conscripts and is gradually integrating national service members into civil servants. The Committee notes the Government’s indications concerning the gradual demobilization of members of national service. Nevertheless, in view of the fact that current legislation does not guarantee the right of civil servants to collective bargaining, the Committee notes that where demobilization leads to integration into civil service, the demobilized will continue to be excluded from the right to collective bargaining. The Committee therefore once again emphasizes the importance of rapidly adopting a legal framework that would effectively guarantee the right of civil servants not engaged in the administration of the State to collective bargaining and urges the Government to take the necessary measures. The Committee requests the Government to provide information of the developments in this regard.
[The Government is asked to reply in full to the present comments in 2022.]

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 4 of the Convention. Regulation of collective bargaining. The Committee notes that section 2182 of the Civil Code adopted in 2015 provides for the possibility of concluding collective agreements and that the second paragraph of this provision provides that the procedure for collective bargaining, the form and content of a collective agreement, and the duration of the agreement shall be determined by special legislation. Considering that the Labour Proclamation of 2001 regulates collective agreements and the procedure for collective bargaining in its sections 99–114, the Committee requests the Government to clarify whether section 2182 of the Civil Code should be understood as referring to the above-cited provisions of the Labour Proclamation.
Promotion of collective bargaining in practice. The Committee notes the information provided by the Government on the number of registered collective agreements. It requests the Government to provide updated information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements in its next report.

C105 - 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.

C105 - 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.

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 2(1) of the Convention. Scope of application. Self-employment. The Committee recalls its previous comment which had noted that, although Labour Proclamation No. 118/2001 (Labour Proclamation) excludes self-employed workers from its scope of application, the Ministry of Labour and Human Welfare intended to introduce a programme regulating self-employment. It noted that the Ministry had inserted provisions for self-employment in draft amendments to the Labour Proclamation. The Government further indicated that it had introduced a pilot local economic development (LED) project which aims, among others, to extend the protections of the Convention to children who are working outside of the formal employment relationship. 
The Committee notes an absence of information in the Government’s report on this point. Recalling that the Committee has been requesting the Government to take the necessary measures in this respect for many years, the Committee strongly requests the Government to strengthen its efforts to ensure that the protections provided under the Labour Proclamation are extended to children working outside of an employment relationship in the very near future. The Committee also requests the Government to provide further details concerning the pilot LED project, including the number of children covered by the programme, the results achieved and its potential continuance.
Article 7. Light work. The Committee previously observed that the legislation contains no exception for light work for children below the minimum age of 14 years. It further noted the findings of the Constitution Commission that statutory regulations are needed concerning the number of hours children may work (light work and after school hours) in addition to the types of work which should be prohibited. The Committee requested the Government to finalize those regulations without delay.
The Committee notes the Government’s information in its report that in practice, some young persons above the age of 12 years are engaged in light work outside school hours. Children, who often combine light work with schooling, are usually engaged in gainful employment or self-employment for an income to supplement family living expenses. The majority of working children in Eritrea are engaged in: (i) housework (caring for siblings, fetching water and fire wood); (ii) agricultural work (in family farms and livestock herding); and (iii) petty trade/business (street trade, etc.). The Committee, however, notes that according to the Labour Force Survey of 2015-2016, 16.4 per cent of children aged between 5-13 years are engaged in some work activities. In this regard, the Committee draws the Government’s attention to Article 7(1) and (4) of the Convention which provides that national laws or regulations may permit children from the age of 12 years to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee requests the Government to indicate the measures taken or envisaged to regulate and determine the types of activities, the number of hours and the conditions under which light work may be undertaken by children from the age of 12 years, as required under Article 7 of the Convention.

C138 - 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 of the Convention. National policy, labour inspection and application of the Convention in practice. In its previous comments, the Committee noted the Government’s indication that it had collected data and information to formulate a national policy and that an upcoming Comprehensive National Child Policy document was expected to strengthen efforts to provide sustained services to children. However, it noted that the UN Human Rights Council (A/HRC/26/L.6 and A/HRC/26/45) in its reports of 2014, continued to highlight child labour in the country, including in hazardous activities such as harvesting and construction. The Committee therefore strongly urged the Government to intensify its efforts to implement concrete measures, such as by adopting a national plan of action to abolish child labour as well as strengthening the capacity of the labour inspection system.
The Committee notes the Government’s information, in its report, that considering that a holistic approach is the best solution for the elimination of child labour, the Government has adopted a Comprehensive Child Policy in 2016. It also notes the Government’s information that it is in the process of developing a national action plan for the elimination of child labour. In this regard, two members of the Ministry of Labour and Social Welfare (MLSW) have participated in the National Capacity Building Workshop on Child Labour and Forced Labour Data Analysis organized by the ILO in February 2020 in Cairo, Egypt. The Committee further notes the Government’s indication that labour inspection plays a critical role in preventing child labour by conducting regular inspections of workplaces and ensuring that conditions of work are respected as prescribed by law. Several efforts are being taken to improve the number and quality of labour inspections, such as providing trainings to the inspectors. The Government indicates that more than 45 labour inspectors, including new recruits are engaged in inspection throughout the six regions of the country. The Committee further notes the Government’s reference to the findings of the Eritrea Labour Force Survey 2015-16 which indicated that among the 809,670 eligible children (referred to as children within the age group of 5–13 who are eligible for study), 16.4 per cent were engaged in some work activities, of whom 71.3 per cent were then currently attending school. The average age at which children start working is 7 years. The main reasons reported for working at early age were “to help in household enterprises” (53 per cent) and “supplement family income” (33.3 per cent). The survey also indicated that while 11.7 per cent of children combined work with schooling, 4.8 per cent of children were involved in child labour either by missing some classes or without going to school at all. In this regard, the Committee notes from the Technical Advisory Mission Report on the Tripartite Inter-ministerial Workshop on the Worst Forms of Child Labour Convention, 1999 (No.182) held in Asmara in March 2019, that the tripartite constituents identified that measures are required to “Strengthen the capacity of labour inspectorate to identify children engaged in child labour with a view to removing them and providing them with assistance”. While noting the measures taken by the Government, the Committee urges it to intensify its efforts to progressively eliminate child labour in the country, including through the adoption and effective implementation of the National Action plan for the elimination of child labour and the Comprehensive Child Policy. In this regard, the Committee requests the Government to continue to take measures to strengthen the capacity of the labour inspection system in order to adequately monitor and detect cases of child labour in the country. It further requests the Government to provide information on the number of inspections on child labour carried out by the labour inspectors as well as on the number and nature of violations detected and penalties applied. Finally, the Committee requests the Government to continue to provide information on the application of the Convention in practice, in particular statistical data on the employment of children and young persons by age group.
Article 2(3) and (4). Age of completion of compulsory schooling and minimum age for admission to employment. In its previous comments, the Committee noted the Government’s indication that education is compulsory for eight years (five years of elementary school and three years of middle school), which would be completed at 14 years of age. It noted the measures taken by the Government to provide free education to all school children up to the middle school level as well as its policies, in particular the Nomadic Education Policy, to make education inclusive to all children. However, the Committee noted from the draft proposal within the Strategic Partnership Cooperation Framework (SPCF) 2013–16 between the Government and the United Nations system and from the Government’s fourth periodic report to the Committee on the Rights of the Child (CRC/C/ER/4, paragraph 301 and table 28), a decline in the elementary school enrolment rates. The Committee therefore requested the Government to continue to cooperate with the UN bodies to improve the functioning of, and access to, the education system so as to increase school enrolment rates and reduce school drop-out rates for children at least up to the age of completion of compulsory education, particularly with regard to girls.
The Committee notes the Government’s statement that efforts are being taken as a priority to improve the compulsory basic education in the country. In order to counter the challenges and hostilities including capacity and resources, and to a limited extent the cultural obstacles affecting nomadic children and girl’s education in some of the lowland areas, basic schools without any barriers are being introduced gradually throughout the country. According to the statistics provided by the Government, in 2017-2018, 654,399 students were enrolled from pre-primary up to secondary level. In the last two decades, school enrolment rates have increased by 96.4 per cent (106.3 per cent for girls), number of teachers by 131 per cent and number of schools by 178 per cent. Moreover, alternative education through Complementary Elementary Education (CEE) has been introduced for out-of-school children as well as to address the challenges in remote and rural areas. In this regard, 8,575 out of school children (46.4 per cent girls) aged 9-14 years benefitted from the CEE in 2016–17. The Committee further notes from the UNICEF Annual Report of 2016 that the ongoing measures to promote access to education resulted in 17,145 out-of-school children including (6,541 girls) from the most disadvantaged areas enrolling in primary education during the 2015-16 academic year. The Committee, however, notes that according to the UNESCO estimates for 2018, the net enrolment rates at primary and secondary level were 51.5 per cent and 41.6 per cent respectively, and the number of out-of-school children was 241,988. Considering that compulsory education is one of the most effective means of combating child labour, the Committee encourages the Government to pursue its efforts to increase school enrolment, attendance and completion rates, and reduce drop-out rates, particularly of children up to 14 years of age. The Committee requests the Government to provide information on the measures taken in this regard and on the results achieved, including statistical data on the number of children enrolled at the primary and secondary schools.
Article 3(2). Determination of the types of hazardous work. The Committee recalls that the Government has been referring to the upcoming adoption of a list of hazardous activities prohibited to young employees under section 69(1) of the Labour Proclamation since 2007. The Committee urged the Government to finalize this ministerial regulation, without delay.
The Committee notes the Government’s information that child labour in Eritrea does not involve hazardous work. However, the MLSW is in the process of finalizing the regulation prescribing the list of types of hazardous work that are prohibited to young persons under 18 years of age.  The Committee accordingly expresses the firm hope that the ministerial regulation issuing the list of hazardous activities prohibited to persons under the age of 18 will be adopted in the near future. It requests the Government to provide a copy, once it has been adopted.
Article 9(3). Keeping of registers by employers. The Committee previously noted the Government’s indication that the requirement for employers to maintain a register of persons who are employed and are under 18 years would be addressed in an upcoming regulation and studies in this regard were ongoing.
The Committee once again notes the Government’s indication that the MLSW is still undertaking studies to develop this regulation. Noting that the Government has been referring to the adoption of this regulation since 2007, the Committee urges the Government to take the necessary measures to ensure that the regulation concerning the registers to be kept by employers is adopted without delay. It also requests the Government to provide a copy, once it has been adopted.
The Committee encourages the Government to seek ILO technical assistance in its efforts to combat child labour.
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.

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s first report.
Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee notes that section 297 of the Penal Code of 2015 establishes penalties for enslavement and abetting traffic, which involves, paragraph (a) selling, buying, trading or trafficking of others or paragraph (c) knowingly transporting whether by land, sea or air persons enslaved or aids and abets such traffic whether within Eritrean territory or otherwise, and shall constitute a serious offence punishable with imprisonment from 13 to 16 years, if it involves persons under 18 years. Furthermore, according to section 315 of the Penal Code, trafficking in women or infants and young persons to engage them in prostitution or the production of pornography or for pornographic performances, even with their consent shall be liable to a definite term of imprisonment of not less than five years and not more than seven years. In addition, sections 316, 317 and 318 establishes penalties for certain aggravated circumstances of trafficking in women, infants and young persons; the organisation of trafficking in persons, involving women, infants and young persons; and aggravated organisation of trafficking in persons involving many victims, respectively.
The Committee notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of March 2020, expressed concern that the State party has not adopted an adequate legal framework and a comprehensive policy to address trafficking in persons, in particular women and girls, and that most perpetrators of trafficking-related crimes enjoy impunity (CEDAW/C/ERI/CO/6, paragraph 27). The Committee requests the Government to take the necessary measures to ensure that, in practice, thorough investigations and prosecutions are carried out against persons who engage in the trafficking of children under 18 years, and that sufficiently effective and dissuasive sanctions are imposed. The Committee also requests the Government to provide information on the number of investigations, prosecutions, convictions, and penalties applied regarding trafficking of children.
2. Slavery, debt bondage, forced or compulsory labour. The Committee notes that according to article 16 of the Constitution, no person shall be subjected to torture or cruel or inhuman or degrading treatment nor shall be held in slavery or servitude or required to perform forced labour. It also notes that section 108 of the Penal Code establishes penalties of life imprisonment or imprisonment between 23 to 27 years, for crimes against humanity, including enslavement. Section 297 further stipulates that “any person who (a) sells, alienates, pledges, buys, trades, traffics or otherwise enslaves another person; (b) keeps or maintains another person in a condition of slavery even in disguised form, is guilty of enslavement which shall be punishable with a definite term of imprisonment of not less than 7 years and not more than 10 years. If the person enslaved is less than 18 years of age, the crime shall amount to serious offence punishable with imprisonment between 13 to 16 years. The Committee requests the Government to provide information on the application of section 297 (a) and (b) in practice, indicating any offences reported in relation to children under the age of 18 years and the investigations, prosecutions, convictions and penalties applied.
3. Compulsory recruitment of children for use in armed conflict. The Committee notes that according to section 6 of the National Service Proclamation No. 82 of 1995, all citizens from 18 to 50 years of age shall have the obligation to render national service and citizens between 18 to 40 years have the compulsory duty of performing active national service for a total of eighteen months (section 8). Pursuant to section 11(1) of the National Service Proclamation, young persons who has attained the age of 17 years shall be called upon to appear for registration. The Government states in its report that the underage recruitment of children is completely prohibited by law and in practice in Eritrea. The Committee, however, notes that according to section 109(2)(x) of the Penal Code, a person who, as a part of systematic plan or policy or a large scale commission, and in time of war, armed conflict or occupation, organizes, orders or engages in serious violations of laws and customs applicable in international armed conflict, such as conscripting or enlisting children under the age of 15 years into the national armed forces or using them to actively participate in hostilities is guilty of war crimes. The Committee observes that this provision protects only children below 15 years from being used in armed conflict, which is not in conformity with the provisions of the Convention. Furthermore, the Committee notes that the Human Rights Committee (HRC), in its concluding observations of 2019 on the application of the International Covenant on Civil and Political Rights (CCPR), expressed concern at the practice that all high school students, boys and girls, must enrol for their twelfth grade at the Sawa military training centre, where they undergo stringent military training. The HRC is also concerned that many students drop out of school and some of them flee the country to avoid such enrolment. The HRC is further concerned about reports of alleged forced underage recruitment, including through the practice of round-ups (giffa), and allegations of violence against children, including sexual violence, including at the Sawa military training centre (CCPR/C/ERI/CO/1, paragraphs 43 and 44). The Committee reminds the Government that under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. The Committee therefore urges the Government to take immediate and effective measures to ensure that no child under the age of 18 years shall be recruited or enlisted into the national armed forces or for armed conflict. The Committee also urges the Government to take the necessary measures to put a stop, in practice, to the forced underage recruitment of children under the age of 18 years for military training at the Sawa military training centre.
Clause (b). Use, procuring or offering of a child for prostitution and for the production of pornography or pornographic performances. The Committee notes that section 108 of the Penal Code which deals with crimes against humanity, prohibits the offence of forced prostitution which is punishable with life imprisonment or imprisonment up to 27 years. Section 314 of the Penal Code further provides for penalties of imprisonment up to one year or a fine of 20,001 to 50,000 Nakfas (approximately US$1,333 to US$3,333) for procuring, promoting or aiding the prostitution of another person. The Committee also notes that according to section 315 of the Penal Code, any person who for gain or to gratify the passions of others: (a) traffics in women or infants and young persons, whether by seducing them, by enticing them, or by procuring them or otherwise inducing them to engage in prostitution or the production of pornography or for pornographic performances, even with their consent; or (b) keeps such a person in a disorderly house or to let them out to prostitution, shall be liable to a definite term of imprisonment of not less than five years and not more than seven years. However, the Committee observes that the offence of using a child by a client for prostitution is not covered by the above provisions. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use of a child under 18 years by a client for prostitution. It also requests the Government to provide information on the application of sections 314 and 315 in practice indicating the number of investigations, prosecutions, convictions and specific penalties applied for the offences related to the use, procuring or offering of persons under the age of 18 years for prostitution or the production of pornography or for pornographic performances.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that sections 377 to 389 of the Penal Code of 2015 makes it an offence to produce, traffic, possess, sell or cultivate controlled drugs or plants. Section 391 specifically deals with offences related to procuring a minor for the production or trafficking of controlled drugs or plants, which is punishable with imprisonment for up to nineteen years. Moreover, offences related to encouraging a child to beg shall be punishable under section 206 of the Penal Code, with a maximum period of imprisonment for up to six months or a fine of 5001 to 20,000 Nakfas. The Committee requests the Government to provide information on the application in practice of section 391 of the Penal Code, including the number of investigations, prosecutions and convictions, as well as penalties applied for the use, procuring or offering of children under the age of 18 years for the production or trafficking of drugs.
Clause (d) and Article 4(1). Hazardous work and determination of hazardous work. The Committee notes that according to section 9(2) of the Labour Proclamation of 2001, no contract of employment shall be enforceable against a person below the age of eighteen years if it is determined to be prejudicial to the interests of that person. Section 69 of the Labour Proclamation further stipulates that the Minister of Labour and Social Welfare may, by regulation, issue a list of activities prohibited to young employees, including apprentices, which shall, in particular, include: (a) work in the transport of passengers and goods by road, rail way, air and sea and in docksides and warehouses involving heavy weight lifting, pulling or pushing or any other related type of labour; (b) work connected with toxic chemicals, dangerous machines, electric power generation plants, transformers or transmission lines; (c) underground work, such as mines, quarries and similar works; and (d) work in sewers and digging tunnels.
The Committee also notes the Government’s information that the Ministry of Labour and Social Welfare, after consultation with the representatives of workers’ and employers’ Associations, has been engaged in the process to finalize the regulation issuing the list of hazardous activities prohibited to persons under the age of 18. The Committee requests the Government to take the necessary measures to ensure that the regulation concerning the list of types of hazardous work prohibited to children under the age of 18 years is finalised and adopted, without delay and to provide information on any progress made in this regard.
Article 5. Monitoring mechanisms. The Committee notes that according to section 143(1) of the Labour Proclamation, the labour inspection service shall ensure the implementation of the provisions of the Proclamation and of regulations and directives issued in accordance with the Proclamation and other laws relating to labour relations. Labour Inspection Service shall include the supervision, execution, conducting of studies and research and preparation in accordance with this Proclamation and other laws, of working conditions, occupational safety, health and standards of work. The Committee also notes the Government’s information that both the labour inspectors and the police of Eritrea play important roles in law enforcement. The labour inspection service has the power to supervise the workplaces, oversee the execution of the labour proclamation, take corrective measures and bring the offender to justice. If crimes relating to child labour are committed in violation to the Penal Code, the Police and Prosecutors will actively involve and bring the case to the court. The Committee further notes that in its Replies of February 2020 to the CEDAW, the Government has indicated that focused training is being conducted for the Eritrean Police Force and Security and other law enforcement agencies in partnership with the United Nations Office on Drugs and Crime (UNODC) to tackle human trafficking and smuggling (CEDAW/C/ERI/RQ/6, paragraph 26). The Committee requests the Government to continue providing the necessary training to the police and other law enforcement agencies on combating the worst forms of child labour, in particular the trafficking of children. It also requests the Government to provide information on the functioning of the labour inspection services, including the specific measures taken in strengthening their capacity to identify the worst forms of child labour. The Committee requests the Government to provide information on the measures taken in this regard and on the results achieved in terms of the number of cases of worst forms of child labour identified and investigated.
Article 6. Programmes of action. The Committee notes the Government’s reference to the Eritrean Comprehensive Child Policy of 2016 which contain strategies to prevent child labour and protect the rights of children. The Government also indicates that the Ministry of Labour and Social Welfare (MLSW) is implementing the 2017-2021 strategic plans with a vision to ensure decent work agenda. The Committee also notes from its comments adopted in 2020, under the Minimum Age Convention No.138 (1973), that the MLSW is in the process of developing a national action plan for the elimination of child labour. In this regard, the Committee notes from the ILO Technical Advisory Mission Report on the Tripartite Inter-ministerial Workshop on the Worst Forms of Child Labour Convention, 1999 (No.182) (ILO Mission report of 2019) held in Asmara in March 2019, that the tripartite constituents identified that measures are required to protect children from certain types of extremely hazardous forms of work in domestic work, artisanal mining and street vending. The Committee requests the Government to provide information on the measures taken or envisaged to protect children from hazardous forms of work in domestic work, artisanal mining and street vending. It also requests the Government to provide information on any progress made with regard to the adoption of the national action plan for the elimination of child Labour, indicating the concrete measures taken or envisaged within its framework, as well as within the Comprehensive Child Policy of 2016 to combat the worst forms of child labour and the results achieved.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that pursuant to section 13.1.2 of the Macro Policy of Eritrea of 1994, universal education up to seven years shall be made available to all children. According to the statistics provided by the Government, in the 2018–2019 academic year, 656,272 students were enrolled from pre-primary up to secondary. In the last two decades school enrolment rates have increased by 96.4 per cent (106.3 per cent for girls), the number of teachers by 131 per cent (174.1 per cent for female teachers) and the number of schools by 178 per cent. The Government states that about 17 per cent of primary school age children are presently out of school (was 33.7 per cent in 2014) and alternative mode through the Complementary Elementary Education (CEE) has been introduced to address the challenges in remote and rural areas. The Government further indicates that in spite of the challenges and hostilities including capacity and resources, and to a limited extent the cultural obstacles affecting girl’s education in some of the low land areas, there are no substantive barriers to education at all levels of education from pre-school up to the tertiary levels.
The Committee, however, notes that the CEDAW, in its concluding observations of March 2020, expressed concern at the persistently low rates of school enrolment, retention and completion, with significant discrepancies between rural and urban areas and the failure of the State party to adequately address the root causes of girls dropping out of school (CEDAW/C/ERI/CO/6, paragraph 33). The Committee also notes from the ILO Mission report of 2019, that increased efforts are required to ensure access to free basic education to those children who are at a risk of falling victims to the worst forms of child labour, including those in the rural areas and from nomadic communities. The Committee therefore strongly encourages the Government to pursue its efforts to improve access to free basic education of all children, including children from rural areas and from nomadic communities, and to improve the functioning of the education system through measures to increase school enrolment, attendance and completion rates, and reduce drop-out rates, particularly of girls. The Committee requests the Government to provide detailed information on the concrete measures taken and on the results achieved in this regard.
Clauses (a) and (b) Preventing and removing children from the worst forms of child labour and providing for their rehabilitation and social integration. Trafficking and commercial exploitation of children. The Committee notes from the Government’s Replies of February 2020, to the list of issues raised by CEDAW to its sixth periodic report, that women and girls are the main victims of the hideous crimes of illegal smuggling and human trafficking (CEDAW/C/ERI/RQ/6, paragraph 25). The CEDAW, in its concluding observations of March 2020, expressed concern at the high number of cases of trafficking and sexual exploitation of women and girls, who are forced to exit the country illegally (CEDAW/C/ERI/CO/6, paragraph 27). The Committee requests the Government to take effective and time-bound measures to prevent children under the age of 18 years from falling victims to trafficking and commercial sexual exploitation, and to remove them from such worst forms of child labour and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken and the results achieved in this regard.
Article 8. International cooperation and assistance. The Committee notes the Government’s information that Eritrea is engaged with the UN agencies, including the UNICEF and United Nations Development Programme (UNDP) on child rights and labour issues. At present, the Government and UNICEF are engaged and jointly funding the child protection and child right programs in coordination with Ministries of Labour and Social Welfare, Education, Health and Local Government. It also states that the National poverty elimination policy and its highly focused interventions targeting rural communities have improved the living standards of all Eritreans, especially those that were left behind and vulnerable.
According to the information provided by the Government, in its Replies to CEDAW of February 2020, Eritrea is also engaged in international (UNODC) and regional (AU-Horn of Africa Counter Trafficking Initiative) efforts to tackle illegal migration coupled with combating human trafficking and smuggling (CEDAW/C/ERI/RQ/6, paragraph 26). Moreover, according to the information from a report of the UNODC, the Government of Eritrea signed a Partnership Framework with the UNODC in July 2019 on three areas of intervention, including crime prevention and criminal justice, strengthening the administration of justice and combatting transnational organised crime. The Committee encourages the Government to continue its international and regional cooperation efforts to combat the worst forms of child labour, in particular trafficking of children. It also requests the Government to provide information on the results achieved through the signing of the Partnership Framework with the UNODC as well as other regional and international cooperation.
Application of the Convention in practice. The Committee notes the Government’s statement that the situation of children in Eritrea in general and the ideals of upbringing a new generation aiming at the best interest of the child remains a priority. The legal and institutional basis and sector policies and strategies have advanced the goals of development of children and will be consolidated in the future. The Government indicates that the Governmental and Non-governmental institutions are involved directly or indirectly in the application of national laws and regulations which are linked with the rights of the child. The Government further referring to the findings of the labour force survey of 2015–2016 provides statistics on the involvement of children between 5–13 years in child labour. The Committee also notes the Government’s information that in 2019, the labour inspectors inspected 1,166 establishments and no specific infringements pertaining to child labour and its worst forms were reported. The Committee requests the Government to provide statistical information on the situation of children under 18 years in the worst forms of child labour, including information on the nature, extent and trends of the worst forms of child labour in the country, the number and nature of violations reported, the investigations, prosecutions convictions and penal sanctions applied. To the extent possible all information provided should be disaggregated by age and gender.
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