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The Committee notes the Government’s report.

Article 2. 1. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The Committee recalls that in its previous comments it had requested the Government to indicate the manner in which the right to establish and join organizations is ensured for categories of workers excluded from the Labour Proclamation such as judges, prosecutors, members of civil services and persons holding managerial positions who are directly engaged in the major managerial functions of an undertaking. The Committee notes the Government’s indication that sections 404 and 406 of the Transitional Civil Code of Eritrea enable all categories of workers to form organizations with a view to defending the financial interests of their members or to representing a particular calling and that these provisions are applicable in the absence of any special law guaranteeing them the right to form and join organizations. The Committee further notes the Government’s indication that the Civil Servants’ Code is in the process of being drafted but that according to information obtained from the Civil Service Administration, the judiciary, prosecutors and registrars would not be covered by the Code.

The Committee recalls that Article 2 of the Convention provides that all workers, without distinction whatsoever, shall have the right to form and join organizations of their own choosing for the furtherance and defence of their occupational interests. While noting the general provision in the Constitution guaranteeing the right to organize, the Committee considers that this right may be difficult to exercise in practice if it is not accompanied by certain framework legislation that would effectively protect its full exercise. In order to gain a fuller understanding of the manner in which the right to organize is exercised in practice, the Committee requests the Government to provide information on and any available statistics of any workers’ organizations that have been established by those categories of workers excluded from the application of the Labour Proclamation, in particular as regards judges, prosecutors, registrars, civil service employees and employees in managerial positions. The Committee further requests the Government to keep it informed of any measures taken or envisaged to ensure the full exercise of the right to organize within the meaning of the Convention to these categories of employees. The Committee also requests the Government to transmit a copy of the Civil Servants’ Code as soon as it is adopted.

2. Right to establish organizations of their own choosing. The Committee notes that according to the Government, workers in undertakings which have less than 20 employees are allowed to establish and join general associations in order to give them an opportunity to exercise the right to freedom of association on par with workers in undertakings which have more than 20 employees. The Government has however indicated that even if workers in an undertaking with more than 20 employees were to choose to establish or join a general association, it would allow the registration of such an association. The Committee notes this information with interest.

Article 3. Right to strike. The Committee takes note of the observations of the Government which indicate that even when in an undertaking there is an association that does not represent the majority of the employees, as per section 116(3) of the Labour Proclamation, the agreement of more than half of the employees of the undertaking is necessary to hold a strike. The Committee recalls that although the requirement of prior approval by a certain percentage of workers in order to exercise the right to strike does not, in principle, raise problems of compatibility with the Convention, the ballot method, the quorum and the majority required should not be such that the exercise of the right to strike becomes very difficult, or even impossible in practice. When legislative provisions require a vote by workers before a strike can be held, the Government should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see General Survey on freedom of association and collective bargaining, 1994, paragraph 170). The Committee therefore requests the Government to indicate the measures taken or envisaged to amend section 116(3) of the Labour Proclamation in this respect.

In respect of the right of workers to participate in sympathy strikes and protest actions against the socio-economic policies of the Government, the Committee notes that according to the Government any strike is permissible so long as the reasons for the strike are related to employment and working conditions.