Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee has noted that the Transitional Penal Code of Eritrea is now under revision and requests the Government to supply a copy of the new Penal Code, as soon as it is adopted by the National Assembly. The Committee also requests the Government to communicate, with its next report, copies of the legislation in force in the following fields: the laws and regulations governing the execution of penal sentences; the laws governing the press and public assemblies, meetings and demonstrations; the law governing political parties; a new Civil Service Code, once adopted; and any provisions governing labour discipline in merchant shipping. Please also provide additional information on the following points:

Article 1(a) of the Convention. The Committee has noted that, under article 26 of the Constitution of Eritrea, certain rights and freedoms guaranteed under the Constitution may be limited in the interests of national security, public safety or economic well-being of the country, for the prevention of public disorder, etc. It requests the Government to describe any restrictions imposed by law on the freedom of speech and expression, freedom of the press and other media, on the right to assemble and to demonstrate peacefully and on the right to form political parties, indicating sanctions which may be imposed for violation of such restrictions and supplying copies of relevant texts.

Article 1(b). According to the information available to the Committee, it appears that all citizens between the ages of 18 and 40 are required to participate in a national service programme, which included military training and civic action programmes, and high school students are required to participate in a paid summer work programme. The Committee requests the Government to provide information on these programmes and their application in practice, so as to enable the Committee to ascertain the observance of the Convention.

Article 1(d). Referring to its 2002 comments made under Convention No. 87, likewise ratified by Eritrea, the Committee has noted certain provisions of the Labour Proclamation of Eritrea (No. 118/2001), under which participation in unlawful strikes shall be considered as unfair labour practices (section 119(8)) punishable with fines (section 156), unless the provisions of the Penal Code provide for more severe penalties (section 154). The Government is requested to indicate whether any penal sanctions are applicable for participation in unlawful strikes, and if so, supply information on their application in practice, including copies of any relevant court decisions.