CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Eritrea (RATIFICATION: 2000)

Other comments on C029

Observation

Direct Request

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Article 2(2)(c) of the Convention. Prison labour. With reference to its previous comments, the Committee notes the information provided by the Government concerning the compulsory labour that may be imposed as an alternative to a short-term prison sentence, in accordance with Article 102 of the Transitional Penal Code of 1991. With reference to the compulsory labour of persons convicted to a sentence of imprisonment, as set out in Article 110 of the Transitional Penal Code, the Government indicates that the work is assigned by the Director of Prisons and that the prisoner is entitled to receive compensation if the work and conduct are satisfactory. The amount of the daily compensation and the conditions for the execution of the sentence are governed by the Prison Regulations. The Committee requests the Government to indicate whether the Director of Prisons may assign work to a prisoner to be carried out for a private entity, either within or outside the prison. Where appropriate, please indicate the conditions under which such work is performed. The Committee also once again requests the Government to provide the text of the Prison Regulations or any provision governing the conditions of work of persons convicted to a sentence of imprisonment.

Article 2(2)(e). Minor communal services. In its previous comments, the Committee noted that, under the terms of Article 3(17) of the Labour Proclamation, the expression “forced labour” does not include “communal services”. It requested the Government to describe in greater detail the communal services carried out by the population, providing specific examples of the services carried out, with an indication in particular of whether persons who refuse to participate in communal services are liable to penalties. In its report, the Government indicates that communal work mainly relates to soil and water conservation and that, through such work, many micro-dams, roads and reforestation projects have been carried out over the past 25 years. Schools and medical centres have also been built to provide essential services for the communities concerned. It adds that the members or representatives of communities are frequently consulted on the need for communal work. Moreover, no one has so far been punished for refusing to participate in communal services. The Committee notes this information and, considering that communal services have been undertaken for many years and appear to continue to be of a certain level of importance for the communities concerned, as well as the country, the Committee requests the Government to indicate the measures adopted or envisaged to regulate participation in such services. In this context, the Government should ensure that, in accordance with the Convention: work exacted in this context is limited to “minor services”, that is to say work primarily relating to small-scale and short-term maintenance work; the services are performed in the direct interest of the community and are not intended to benefit a wider group; and members of the community who have to perform such services have the right to be consulted in regard to the need for such services.

Article 25. Penal sanctions. The Committee previously requested the Government to provide information on the application in practice of Articles 565 and 570 of the Transitional Penal Code, with an indication of the number of complaints lodged and prosecutions carried out, and the specific penalties applied under these provisions. Under the terms of Article 565, the offence of enslavement is punishable by a sentence of between five and 20 years of imprisonment and a fine. Under Article 570, any person who, by intimidation, violence, fraud or any other unlawful means, forces another person to accept work or certain conditions of work is liable to a sentence of “simple imprisonment” or a fine. The Committee notes the Government’s indication that labour inspectors and the police play an important role in identifying situations of forced labour. However, although prosecutors are vigilant in prosecuting those responsible for these practices, based on the information available, no case of forced labour has been lodged with any criminal court. The Government considers that it is necessary to further develop awareness-raising measures and capacity building for the authorities concerned and the social partners. With reference to the strict enforcement of adequate penalties, the Government indicates that it will transmit the new Penal Code once it has been adopted.

The Committee notes this information and hopes that on the occasion of the adoption of the new Penal Code the Government will take all the necessary measures to reinforce the legislative framework to combat forced labour. In this regard, it should ensure that the penal provisions adequately define and criminalize forced labour in order, on the one hand, to cover all situations relating to forced labour, as defined by the Convention, including trafficking in persons and, on the other, to establish penalties that are adequate and dissuasive. The Committee also requests the Government to indicate the measures adopted to ensure that activities are carried out in practice to raise the awareness and train the authorities responsible for law enforcement in the identification of the various forms that can be taken by forced labour. Please also provide information on the investigations and prosecutions carried out and the penalties applied to persons exacting forced labour, with an indication of the provisions of the penal legislation used by the prosecution and judicial authorities.

[The Government is asked to supply full particulars to the Conference at its 107th Session and to reply in full to the present comments in 2018.]