Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Communication of texts. The Committee notes the Government’s indication in its report that the drafting of the new Penal Code and the Civil Service Code has reached its final stage and that copies will be communicated to the Office, as soon as the Codes are enacted by the National Assembly. The Committee hopes that the Government will supply copies of the new Penal Code and the Civil Service Code, once they are adopted. It also hopes that the Government will supply, with its next report, a copy of the law governing political parties and any provisions governing labour discipline in merchant shipping. Please also supply a copy of the Transitional Criminal Procedural Code of Eritrea, as well as any rules and regulations governing the execution of penal sentences, which might have been adopted under this Code.

Article 1(a) of the Convention. Penal sanctions for violation of provisions restricting political freedoms. The Committee previously noted that, under article 26 of the Constitution of Eritrea, certain fundamental 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 requested 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.

The Committee has noted the Government’s repeated statement in the reports that there has been no restriction of fundamental rights and freedoms so far. It has also noted the Government’s indication that public assemblies, meetings and demonstrations are governed only by the provisions of article 19 of the Constitution of Eritrea. The Committee again requests the Government to describe the procedure of organization of public assemblies, meetings and demonstrations, indicating, in particular, whether any sanctions can be imposed in case of non-compliance with the prescribed procedure, for example, for failure to obtain a permit to organize a public meeting. Please also indicate whether there are any restrictions on forming political parties or associations and whether the restrictions are enforceable with penal sanctions, supplying copies of the relevant provisions.

The Committee previously noted that, under certain provisions of the Press Proclamation (No. 90/1996), various offences connected with violation of restrictions on printing and publishing (such as, for example, printing or reprinting for an Eritrean newspaper or publication which does not have a permit; printing or disseminating a foreign newspaper or publication which has been prohibited from entry into Eritrea; publishing inaccurate news or information disrupting general peace, etc. (section 15(3), (4) and (10)), are punishable with penalties of imprisonment, which involves an obligation to work.

The Committee recalled that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, such views may be expressed either orally or through the press and other communications media. It requested the Government to take measures in order to bring the above provisions of the Press Proclamation into conformity with the Convention. Noting that the Government’s report contains no information on this issue, the Committee reiterates its hope that, on the occasion of the revision of the legislation in connection with the adoption of the new Penal Code, measures will be taken, in order to bring the above provisions into conformity with the Convention. It requests the Government to provide, in its next report, information on the progress made in this regard.

Article 1(b). Compulsory national service for development purposes. The Committee refers to its comments concerning compulsory national service (article 25(3) of the Constitution, section 3(17) of Labour Proclamation
No. 118/2001) addressed to the Government under Convention No. 29, likewise ratified by Eritrea, in which it pointed out that the existing practices of imposing compulsory labour on the population within the framework of the national service programme is incompatible both with Conventions Nos 29 and 105, which prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development.

Article 1(d). Punishment for having participated in strikes. Referring to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), likewise ratified by Eritrea, the Committee previously 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 Committee requested the Government 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. The Committee also noted from the Government’s 2007 report that, under sections 412 and 413 of the Transitional Penal Code of Eritrea, participation in strikes of public servants with the intention of disturbing public order or the public interest is punishable with imprisonment (which involves an obligation to work).

While having noted the Government’s repeated indication that there have been no strikes in Eritrea and therefore the above provisions have not been applied in practice, the Committee reiterates its hope that the necessary measures will be taken, for example, in connection with the adoption of the new Penal Code, in order to ensure, both in legislation and in practice, that no sanctions involving compulsory labour can be imposed for having participated in peaceful strikes.