Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the Government’s reply to its previous direct request.

The Committee notes the comments of the International Trade Union Confederation (ITUC) of 28 August 2007, which refer to the legislative issues under examination by the Committee, in particular, restrictions to trade union rights in the public sector.

Articles 1 and 2 of the Convention. 1. In its previous comments, the Committee had requested the Government to take the necessary steps to amend section 23 of the Labour Proclamation, which protects workers against dismissal linked to  trade union membership or trade union activities, so as to broaden the protection to cover acts of anti-union discrimination committed at the time of recruitment or during the course of employment (transfers, relocations, demotions, etc.). The Committee notes the Government’s indication that in line with the provisions of the Convention, trade union leaders are well protected in Eritrea. Section 28(3) of the Labour Proclamation provides for reinstatement in case of an unjustifiable dismissal. The Government states, however, that the possibility to broaden the application of section 23 of the Labour Proclamation, so as to bring it in conformity with Articles 1 and 2 of the Convention, was being considered by the Minister of Labour and Human Welfare. The Committee recalls that the Convention requires protection against anti-union discrimination to cover recruitment and all prejudicial acts during the course of employment, including dismissal, transfer, relocation, demotion, deprivation and restrictions of all kinds (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 212). The Committee hopes that section 23 of the Labour Proclamation will be amended accordingly in the near future. The Committee requests the Government to keep it informed of the measures taken or envisaged in this regard.

2. The Committee recalls that it had previously considered that a fine of 1,200 nafka, set out in section 156 of the Labour Proclamation, to punish those guilty of anti-union discrimination or acts of interference, did not constitute an adequate protection and had noted the Government’s indication that section 692 of the Transitional Penal Code became applicable in cases where an offence was considered severe or repeated. In this respect, the Committee had requested the Government to provide information concerning the cases, means and method by which an offence of anti-union discrimination or interference by employers’ and workers’ organizations in each other’s internal affairs was deemed to become severe so as to attract higher penalties than those provided for in section 156 of the Labour Proclamation. The Committee had further requested the Government to indicate whether, by referring solely to breaches by employers’ associations, section 156 of the Proclamation only provided for sanctions against employers’ organizations and not against individual employers who may or may not be members of organizations. The Committee regrets that the Government confines itself to stating that the Ministry of Labour and Human Welfare is studying the possibility of bringing the legislation into conformity with Articles 1 and 2 of the Convention. The Committee recalls once again that the existence of general legislative provisions prohibiting acts of anti-union discrimination is not enough, if they are not accompanied by effective and rapid procedures to ensure their application in practice (see General Survey, op. cit., paragraph 214). The Committee hopes that the legislative amendments will take into account the Committee’s observations and requests the Government to keep it informed of the measures taken or envisaged in this respect.

Articles 1, 2, 4 and 6. 1. In its previous comments, the Committee had expressed the strong hope that the Ministry would issue a regulation in the near future that ensured that domestic employees were entitled to exercise their trade union rights, guaranteed under Conventions Nos 87 and 98. The Committee notes the Government’s indication that drafting of a regulation, which would adequately deal with different working conditions of domestic employees, needs sufficient time and effort; while this question is under consideration by the Ministry of Labour and Human Welfare, it will take time before a comprehensive regulation with regard to domestic employees is developed. The Committee requests the Government to keep it informed of any development in this regard. 

2. The Committee had further requested the Government to provide specific information concerning the status of the draft Civil Service Proclamation. The Committee notes the Government’s indication that the drafting of the Civil Servants’ Code (which would guarantee the right to organize to civil servants) reached its final stage and will be communicated to the ILO once adopted. The Committee hopes that the Government will take the necessary measures, in consultation with the social partners, in order to improve its legislation in respect of the matters raised above and will transmit copies of the relevant legislative acts upon their adoption.