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:

Article 2, paragraph 1, of the Convention. Self-employment. The Committee had previously noted that section 9 of Labour Proclamation No. 118/2001 is applicable to a contract of employment and that the Labour Proclamation therefore appears to exclude self-employment from its application. The Committee had recalled that the Convention applies not only to work under an employment contract, but to all types of work or employment. It notes the Government’s information that the Ministry of Labour and Human Welfare is striving to introduce a programme with regard to self-employment in the near future. The Committee trusts that the programme on self-employment envisaged by the Ministry of Labour and Human Welfare will ensure that self-employed children benefit from the protection laid down in the Convention. It requests the Government to provide more detailed information on the abovementioned programme and on any progress made in this regard.

Article 2, paragraphs 3 and 4. Age of completion of compulsory schooling and minimum age for admission to employment. The Committee had previously noted that the minimum age for admission to employment or work specified by the Government when ratifying the Convention is 14 years. It had noted that according to section 68(1) of Labour Proclamation No. 118/2001, the minimum age for admission to employment in Eritrea is 14 years. It had also noted that section 13.1.2(a) of the Macro-Policy dated November 1994, established by the Government and submitted to the Committee on the Rights of the Child, provided that universal primary education up to 7 years would gradually be made available to all, but that it did not refer to the compulsory nature of education. The Committee had recalled that the Convention provides that the minimum age specified for admission to employment or work shall not be less than the age of completion of compulsory schooling and had considered that it is important that a country which does not have a system of compulsory education should take urgent steps to fill that gap. The Committee had also expressed its view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. The Committee notes the Government’s information that the Ministry of Education has declared a comprehensive transformation of the education system through the Concept Paper for a Rapid Transformation of the Eritrean Educational System of 2002, according to which it is envisaged to render education compulsory until middle school, i.e. until children reach the age of 14 years. According to the information available to the Office, a five-year Education Sector Investment Programme was developed in 2003 pursuant to the Concept Paper, which was in turn developed into the Education Development Programme in 2005. The Committee requests the Government to provide information on progress made in reforming the education system and, more specifically, in making education compulsory for children until middle school.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of the types of hazardous work. The Committee had previously noted that section 9(2) of Labour Proclamation No. 118/2001 provides that no contract of employment shall be enforceable against a person below the age of 18, if it is determined to be prejudicial to the interests of that person. It had drawn the Government’s attention to Article 3(1) of the Convention according to which the minimum age for admission to any type of employment or work which is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee had also noted that, under section 69(1) of Labour Proclamation No. 118/2001, the Minister may, by regulation, issue a list of activities prohibited to young employees, including apprentices, which shall in particular include work in docksides and warehouses involving heavy weight lifting, work connected with toxic chemicals, dangerous machines, underground work, work in sewers and digging tunnels. The Committee notes the Government’s information that a regulation was drafted to ensure that the employment of young persons under 18 years of age in work which can jeopardize their health, safety or morals is prohibited. The draft regulation also includes a list of hazardous workplaces. The Government indicates that, after consultation with the social partners, the Ministry of Labour and Human Welfare has finalized the draft regulation. The Committee requests the Government to provide a copy of the regulation on hazardous work as soon as it is adopted.

Article 6. Apprenticeship. In its previous comments, the Committee had noted that section 33 of Labour Proclamation No. 118/2001 provides that a contract of apprenticeship shall be in writing and shall include at least: the vocational training an apprentice will get; the duration of apprenticeship; and whether pocket money is to be paid to an apprentice. It had also noted that under section 38 of the same Labour Proclamation, the Minister may issue regulations to supervise the conditions of training of apprentices. The Committee notes with interest the Government’s information that the minimum age required for engagement in an apprenticeship is the same as the minimum age specified for all types of employment or work, i.e. 14 years, as provided by section 68(1) of Labour Proclamation No. 118/2001. It also notes the Government’s indication that no regulation has yet been issued pursuant to section 38 of the Labour Proclamation, but that a regulation pertaining to the training of apprentices is currently envisaged. The Committee requests the Government to provide information on progress made in the elaboration of the regulation on the training of apprentices and to supply a copy of it as soon as it is adopted.

Article 7. Light work. In its previous comments, the Committee had noted that section 140 of Labour Proclamation No. 118/2001 provides that the Minister may issue regulations or directives in respect of activities concerning young employees, which is to say persons above the age of 14 and below the age of 18 years, by virtue of section 3(3) of Labour Proclamation No. 118/2001. The Committee had observed that it seems that the legislation in force contains no exception for light work for children below the minimum age of 14 years. It had nevertheless noted the statement contained in the initial report of Eritrea of 23 December 2002 submitted to the Committee on the Rights of the Child that the Constitution Commission had raised the point for community discussions that there should be statutory regulations on how many hours children work (light work and after school hours), and the types of work which should not be performed (CRC/C/41/Add.12, paragraph 40, under “Child labour”). The Committee had recalled that Article 7(4) of the Convention provides that national laws or regulations may permit children from the age of 12 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 had also recalled that according to Article 7(3) of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting the lack of information on this point in the Government’s report, the Committee once again requests the Government to continue providing information on the statutory regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from 12 years and above.

Article 9, paragraph 3. Keeping of registers by employers. The Committee had previously noted that section 20 of Labour Proclamation No. 118/2001 provides for the obligations of an employer, which include the keeping of a register containing the relevant particulars specified in section 10(1). It had also noted that section 10(1) of the Labour Proclamation does not contain any requirement to include in the register the names and ages or dates of birth of persons employed who are under 18 years. The Committee had recalled that Article 9(3) of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are under 18 years of age. The Committee notes the Government’s information that this issue will be addressed in an upcoming regulation that will be adopted pursuant to section 69(1) of the Labour Proclamation relating to hazardous work. The Committee trusts that the upcoming regulation on the registers of employers will ensure that they are kept in conformity with Article 9(3) of the Convention. It expresses the firm hope that the regulation will be adopted in the near future and requests the Government to provide information on any progress made in this regard.

Part V of the report form. Practical application of the Convention. Noting the lack of information on this point in the Government’s report, the Committee requests the Government to provide information on the manner in which the Convention is applied including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of violations detected involving children and young persons.