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

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.