Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Eritrea (Ratificación : 2000)

Otros comentarios sobre C029

Observación

Solicitud directa

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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.