Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Repetition

Prohibited grounds of discrimination. The Committee notes that the Government repeats its explanation concerning the terms “nationality” and “lineage” used in sections 23(4) and 118(7) of the Labour Proclamation, indicating that these terms were intended to ensure equal treatment between citizens and foreigners (non citizens) in employment and occupation. The Committee recalls that discrimination based on national extraction means distinctions on the basis of place of birth, ancestry or foreign origin and is not necessarily related to citizenship. The Committee therefore requests the Government to include in the legislation provisions providing explicitly for protection of all workers from discrimination based on national extraction, in accordance with Article 1(1)(a) of the Convention, and to provide information on any measures taken to that end.

Indirect discrimination. In its previous comments, the Committee requested the Government to consider including in the legislation explicit definitions of direct and indirect discrimination in employment and occupation. The Committee notes that while the Government reaffirms that all Eritrean laws dealing with discrimination are designed to avoid both direct and indirect discrimination, it states nonetheless that the Ministry of Labour and Human Welfare will consider an amendment to the legal definition of discrimination in that respect. The Committee requests the Government to provide information on any measures taken so as to include an explicit definition of direct and indirect discrimination in employment and occupation in the legislation, and hopes that the Government will be in a position to report progress on this matter in its next report. Please continue to provide information on any cases of indirect discrimination dealt with by the courts.

Employment excluded from the scope of the Labour Proclamation. With regard to civil servants, the Committee notes that the Government states once again that the draft Civil Service Proclamation has not yet been enacted but that the provisions concerning discrimination should cover all the prohibited grounds listed in Article 1(1)(a) of the Convention, as well as additional grounds such as language, disability and economic status. The Committee notes, however, that according to the information provided by the Government, the provisions of the draft Civil Service Proclamation do not appear to cover the grounds of national extraction and social origin. The grounds of “ethnic origin” and “social status” in the draft legislation may have a narrower meaning than the grounds of “national extraction” and “social origin” mentioned in the Convention. The Committee therefore again requests the Government to ensure that the new civil service legislation’s provisions on non discrimination cover at least all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, including national extraction and social origin.

The Committee understands from the Government’s report that the provisions of the Labour Proclamation that will be applicable to domestic workers, have still not been determined and that a study is under way to adopt a regulation for that purpose. The Committee requests the Government to indicate the manner in which, in the absence of regulation of their working conditions, full and effective protection from discrimination in employment and occupation of domestic workers is ensured. Please also continue to provide information on the progress made in the determination of the provisions of the Labour Proclamation applicable to domestic workers.

Equality of opportunity and treatment of men and women. The Government indicates that the Ministry of Education permits female trainees to join vocational and technical schools. While noting this information, the Committee recalls that Article 2 of the Convention requires that a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination, be formulated and pursued. The Committee requests the Government to provide information on the content and coverage of any equality policy, including practical measures, elaborated and implemented to promote effective equality of opportunity and treatment of men and women in respect of access to education and vocational training, access to employment and particular occupations, including self-employment, and terms and conditions of employment (remuneration, promotion, etc.). Please also provide any available statistical data on the distribution of men and women employed in the various sectors of the economy, occupations and positions of responsibility in both the public and the private sectors, as well as data regarding the participation of girls, women, boys and men in education and vocational training.

Equality of opportunity and treatment of ethnic minorities. The Committee notes that the Government’s report contains no new information on this matter but only reiterates that the Ministry of Education provides vocational and technical training for some disadvantaged ethnic groups. The Committee requests the Government to provide specific information on the measures taken to promote the participation of members of ethnic groups in vocational and technical training, including statistics. The Government is also requested to provide detailed information on any other measures taken to ensure equality of opportunity and treatment in employment and occupation of members of ethnic minorities and to correct de facto inequalities.

Enforcement. The Committee notes the Government’s indication that there are no judicial decisions, no labour inspection reports and no claims lodged with the Ministry of Labour concerning cases of discrimination in employment and occupation. It further notes that the Government acknowledges that there is a need for further public awareness raising and capacity building of the Government and the social partners regarding the principles of the Convention. The Committee requests the Government to continue to provide information on any cases involving discrimination based on race, colour, sex, religion, political opinion, national extraction, social origin or any other ground dealt with by the competent authorities. It further requests the Government to provide detailed information on any specific measures taken to raise awareness of the non-discrimination provisions contained in the legislation, including the dispute resolution mechanism, among public officials, lawyers, judges and labour inspectors, as well as workers and employers and their organizations.

Follow-up to the representation made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers concerning Conventions Nos 111 and 158 (GB.282/14/5, November 2001). The Committee notes that the Government indicates that almost all the cases of termination of employment of Ethiopian workers have been settled through a conciliation process. The Government further states that, after receiving their severance pay and other compensation, the workers concerned left the country voluntarily with the assistance of the International Red Cross. The Committee notes this information and requests the Government to provide specific information with respect to the number of Ethiopian workers whose claims have been settled by conciliation and the compensation awarded through this process and the number of cases still pending, as well as the statistical data available on the number of Ethiopian workers currently employed in Eritrea.