Comments adopted by the CEACR: Eritrea

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.

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.

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.

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.

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.

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.