CMNT_TITLE

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 matters raised in its previous direct request, which read as follows:

The Committee requests the Government to supply, with its next report, a copy of the new Penal Code (which, according to the Government, is being prepared to replace the Transitional Penal Code of Eritrea now in force), as soon as it is adopted by the National Assembly, as well as copies of laws and regulations governing the execution of penal sentences and compulsory military service laws. Please also provide additional information on the following points.

Article 2(2)(a) of the Convention. The Committee has noted that, under section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), the expression “forced labour” does not include compulsory national service. Referring to its comments addressed to the Government under Convention No. 105, the Committee requests the Government to provide information on the compulsory national service programme and its application in practice, supplying copies of legislation governing such service, so as to enable the Committee to assess its conformity with the Convention. Please state what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends. Please also indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). Please indicate what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide information on provisions governing the work of convicted persons and supply copies of relevant texts.

Article 2(2)(b) and (e). The Committee has noted that, under section 3(17) of the Labour Proclamation, the expression “forced labour” does not include communal services and normal civic obligations. Please describe such “normal civic obligations” and “communal services” and supply copies of relevant provisions.

Article 25. The Committee has noted the provision of section 9 of the Labour Proclamation, according to which an employer who engages in forced labour shall be punishable under the Penal Code. It has also noted that, under section 570 of the Transitional Penal Code, violation of the right of freedom to work is punishable with simple imprisonment or fine. Recalling that Article 25 requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee expresses the hope that the new Penal Code will be adopted in the near future and that it will contain provisions giving effect to this Article of the Convention. Pending the adoption, it requests the Government to provide information on any legal proceedings which have been instituted as a consequence of the application in practice of section 570 of the Transitional Penal Code and on any penalties imposed, supplying copies of relevant court decisions.