Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. Self-employment. The Committee notes that section 9 of the Labour Proclamation, No. 118/2001, is applicable to a contract of employment, which is defined as a written or oral contract entered into by an employee and employer, whereby the employee agrees to render services of a physical or intellectual nature to the employer, under the direction and control of the employer. The Labour Proclamation therefore appears to exclude self-employment from its application. The Committee recalls that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 2, paragraphs 3 and 4. Age of completion of compulsory schooling and minimum age for admission to employment. The Committee notes that the minimum age for admission to employment or work specified by the Government when ratifying the Convention is 14 years. It also notes that according to section 68(1) of Labour Proclamation No. 118/2001, the minimum age for admission to employment in Eritrea is 14 years. The Committee recalls that the Convention provides that the minimum age specified for admission to employment or work shall not be less than the age of completion of compulsory schooling. The Committee notes that section 13.1.2(a) of the Macro-Policy dated November 1994, established by the Government and submitted to the Committee on the Rights of the Child, provides that universal primary education up to seven years will gradually be made available to all, but that it does not refer to the compulsory nature of education. The Committee notes, from this report to the Committee on the Rights of the Child, that primary education has not yet been made compulsory. The Committee considers that the requirement of Article 2(3) of the Convention is fulfilled since the minimum age for employment is not less than the age of completion of compulsory education. The Committee nevertheless considers that it is important that a country which does not have a system of compulsory education should take urgent steps to fill this gap. Indeed, the Committee is of the view that compulsory education is one of the most effective means of combating child labour and that is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of idleness [see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, para. 140]. The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee hopes, therefore that the Government will indicate any development in this regard.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that section 9(2) of the Labour Proclamation No. 118/2001 provides that no contract of employment shall be enforceable against a person below the age of 18, if it is determined to be prejudicial to the interests of that person. The Committee draws the Government’s attention to Article 3, paragraph 1, of the Convention according to which the minimum age for admission to any type of employment or work which is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It would be grateful if the Government would provide information on the measures taken or envisaged to ensure that a person below 18 years cannot occupy a job which jeopardizes his or her health, safety or morals.

Article 3, paragraph 2. Determination of the types of hazardous work. The Committee also notes that under section 69(1) of Labour Proclamation No. 118/2001, the minister may, by regulation, issue a list of activities prohibited to young employees, including apprentices, which shall in particular include work in docksides and warehouses involving heavy weight lifting, work connected with toxic chemicals, dangerous machines, underground work, work in sewers and digging tunnels, etc. The Committee requests the Government to indicate whether any regulation containing a list of hazardous activities has been issued by the minister, as required by Article 3, paragraph 2, of the Convention. If so, it asks the Government to communicate the list of the types of hazardous work and to indicate whether workers’ and employers’ organizations have been previously consulted for the determination of such work.

Article 6. Apprenticeship. The Committee notes that section 3(9) of Labour Proclamation No. 118/2001 provides that a contract of apprenticeship means a contract whereby an apprentice renders services to an employer while acquiring a special skill and receiving an agreed amount of pocket money. It also notes that under section 33 of the same Labour Proclamation, a contract of apprenticeship shall be in writing and shall include at least: the vocational training an apprentice will get; the duration of apprenticeship; and whether pocket money is to be paid to an apprentice. The Committee recalls that Article 6 of the Convention provides that the Convention does not apply to work done by persons of at least 14 years of age in undertakings. The Committee therefore requests the Government to indicate the minimum age for apprenticeships.

The Committee notes that under section 38 of Labour Proclamation No. 118/2001, the minister may issue regulations to supervise the conditions of training of apprentices. It also takes note of the statement of the Government in its report, according to which the formulation of ministerial regulations is done in consultation with employers’ and workers’ organizations, and that, although the advisory board is in the process of being established, in practice consultations are carried out with the social partners concerned. The Committee requests the Government to indicate if the minister has issued regulations concerning the working conditions of apprentices, and if so, to supply a copy. The Committee also requests the Government to indicate whether the advisory board has been established and has been consulted on the ministerial regulations concerning the working conditions of apprentices.

The Committee also requests the Government to provide information on the system of vocational or technical education, and on the conditions prescribed by the competent authorities for any work done by children and young persons as part of vocational or technical education.

Article 7. Light work. The Committee notes that section 140 of Labour Proclamation No. 118/2001 provides that the minister may issue regulations or directives in respect of activities concerning young employees, which is to say persons above the age of 14 and below the age of 18 years (section 3(3) of Labour Proclamation No. 118/2001). It seems that the legislation in force contains no exception for light work for children below the minimum age of 14 years. The Committee nevertheless notes the statement contained in the initial report of Eritrea submitted to the Committee on the Rights of the Child (paragraph 40, under "Child labour") that the Constitution Commission had raised the point for community discussions that there should be statutory regulations on how many hours children work (light work and after school hours), and the type of work which should not be performed. The Committee recalls that Article 7, paragraph 4, of the Convention provides that national laws or regulations may permit persons from the age of 12 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, paragraph 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 accordingly requests the Government to continue providing information on the statutory regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from 12 years and above.

Article 9, paragraph 3. Keeping of registers by employers. The Committee notes that section 20 of Labour Proclamation No. 118/2001 provides for the obligations of an employer, which include the keeping of a register containing the relevant particulars specified in section 10(1). Section 10(1) of the Labour Proclamation does not contain any requirement to include in the register the names and ages or dates of birth of persons employed who are less than 18 years. The Committee recalls that Article 9, paragraph 3, of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee therefore requests the Government to take the necessary measures to ensure that employers are obligated to register such information, and to provide information about these measures.

Part V of the report form. Practical application of the Convention. The Committee had previously noted the information provided by the Government in its report according to which no labour inspection reports have so far referred to cases of child labour under the Convention. The Committee, nevertheless, takes note of the information contained in the initial report of Eritrea submitted to the Committee on the Rights of the Child, according to which, in the rural areas, children from about 5 years of age look after livestock and are expected to work in the fields. The Committee also notes that, according to the information provided by the Government in the same report, in towns many children under age work as apprentices in shops, in workshops such as garages or metal workshops, and others do domestic work or work on the streets. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of violations detected involving children and young persons.