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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Eritrea (RATIFICATION: 2000)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Scope of the Labour Proclamation. Domestic workers. The Committee notes the Government’s indication in its report that domestic workers are not among the list of workers explicitly excluded from the scope of the Labour Proclamation. No. 118 of 2001. The Committee recalls however that, pursuant to section 40 of the Labour Proclamation, the Minister may, by regulation, determine the provisions of the Proclamation, which shall apply to all or to a category of domestic employee and the manner of their application. It also notes the Government’s indication that it is currently “endeavoring to draft the regulation of domestic workers in light with the scope prescribed under the 2015 Civil Code”, which “includes certain provisions linked with rights of domestic employees”. The Committee requests the Government to provide information on any progress made in this regard and to provide a copy of the relevant provisions of the Civil Code. The Committee also reiterates its request for information on any regulation adopted, pursuant to section 40 of the Labour Proclamation, identifying which provisions of the Labour Proclamation apply to all, or to any category of, domestic workers and the manner in which they are applied.

Articles 2 and 5. Equality of opportunity and treatment of men and women. Affirmative measures. The Committee notes the Government’s reference to the findings of the 2015- 2016 National Labour Force Survey, which showed that: (1) 22.5 percent of the working-age population were out of the labour force, the vast majority of which were women; and (2) rates of employment in informal economy were much higher for females than males, and they were much higher in urban than rural areas. The Committee notes from the Government’s report “Eritrea and the 2030 Agenda” (Voluntary National Review of Progress Towards the Sustainable Development Goals), dated July 2022, that: (1) the national unemployment rate is approximately 3.5 percent, with similar rates for men and women; (2) in 2018, youth literacy had climbed to 93 percent, with male literacy rising to 94 percent and female literacy reaching 93 percent; (3) parity between boys and girls in primary education has been achieved, while gender disparities in secondary and tertiary education enrolment continue to be reduced; and (4) overall enrolments in technical and vocational education and training are also steadily increasing, with female enrolments nearing parity. The Committee furthermore notes from the concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW), that the Government has been constructing schools, including in the rural areas, and has been taking measures to encourage women and girls to choose non-traditional fields of study and career paths, such as science, technology, engineering and mathematics. However, it also notes the concerns expressed by the CEDAW about: (1) the persistently low rates of school enrolment, retention and completion, with significant discrepancies between rural and urban areas; (2) the State’s failure to adequately address the root causes of girls dropping out of school; and (3) sexual violence and harassment against girls at and on the way to and from school, among other things (CEDAW/C/ERI/CO/6, 10 March 2020, paragraph 33). Welcoming the measures adopted, the Committee requests the Government to provide information on the steps taken to address the factors affecting women’s and girls’ school enrolment, retention and completion, in both urban and rural areas, including those directed at preventing and addressing sexual violence and harassment, and their impact. It also again asks the Government to: (i) take steps to promote women’s access to employment, to reconcile work and family responsibilities and to facilitate their access to land, credit and equipment in practice; (ii) collect and analyse sex-disaggregated data on the distribution of men and women employed in the various sectors of the economy; and (iii) provide any studies available on gender equality in employment and occupation, as well as any updated gender policy or plan of action.

Equality of opportunity and treatment of ethnic minorities. Affirmative measures. The Committee notes the Government’ s statement in its report that Eritrea enjoys ethnic and religious cohesion and harmony. It further notes from the Government’s report “Eritrea and the 2030 Agenda” that it has adopted a ‘mother tongue policy’, which requires multilingual education based on the mother tongue from pre-primary education until the end of the elementary level. The Government affirms that this policy has contributed to a more equitable access to education for all ethnolinguistic groups. The Committee also notes from the same report that school-feeding programmes are contributing to the same goal. On the other hand, the Committee notes the CEDAW’s concerns about inadequate programmes to support nomadic communities, linguistic minorities and ethnic and religious groups (CEDAW/C/ERI/CO/6, 10 March 2020, paragraph 33). The Committee requests the Government to provide specific information on: (i) the measures adopted to ensure equality of opportunity and treatment for men and women belonging to ethnic minorities in employment and occupation, including any assessment made concerning the barriers and obstacles that they currently face; and (ii) the actions required to tackle them as regards education, vocational training, employment and access to land, resources and credit. The Committee also reiterates its request for any available data on the employment and occupation of members of ethnic minorities, if possible disaggregated by sex.

Migrant workers. The Committee notes the Government’s indication that according to the Proclamation of registration for non-nationals in Eritrea No.127/2002, the registered expatriates are 3,585 out of which 74 per cent are Ethiopians. Regarding the case of the workers displaced following the outbreak of the 1998 border conflict, the Committee recalls that the Government previously stated that no progress had been made since the award was rendered (17 August 2009) by the Eritrea-Ethiopia Claims Commission and the whole process reached a deadlock. The Committee requests the Government to provide updated information on the settlement of any remaining cases.

Awareness-raising and enforcement. The Government indicates that: (1) some cases of discrimination have been brought before the Labour Courts while very few cases were reported to the Ministry of Labour under section 65(2) of the Labour Proclamation; and (2) training and awareness-raising activities were implemented for the benefit of public officials, judges, labour inspectors, as well as representatives of employers’ and workers’ organizations. The Committee requests the Government to: (i) provide detailed information on the nature and outcome of the discrimination cases filed with the Labour Court and those reported to the Ministry of Labour; (ii) gather and supply information on the cases of discrimination detected by the labour inspectors, including the sanctions imposed and the remedies accorded; and (iii) provide specific information on any training and awareness-raising activities undertaken or envisaged concerning equality and non-discrimination.