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

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.