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

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.