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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Eritrea (RATIFICATION: 2000)

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Civil Code. In its previous comment the Committee requested the Government to clarify how the trade unions defined in section 362 of the 2015 Civil Code and the associations of employees and employers defined in section 3(19) of the Labour Proclamation relate to each other. The Committee notes the Government’s indication that section 362 provides a guarantee of freedom of association to the groups of employees excluded from the scope of the Labour Proclamation No. 118/2001 (LP) and subjects the exercise of freedom of association by these groups either to the special laws governing the labour relations of those groups or, in the absence of such special laws, to chapter 2 of title 3 of the Civil Code. The Committee notes that workers excluded from the scope of the LP include civil servants and domestic workers, and that no special law or regulation governing their right to freedom of association has been adopted to date, therefore they can only establish and join civil law associations governed by chapter 2 title 3 of the Civil Code. The Committee examines in this comment the conformity with the Convention of the Civil Code provisions governing associations.

Article 2. Right to establish organizations without prior authorization. The Committee notes that section 423(2) of the Civil Code refers to the power of the “office of associations”, an administrative body in charge of supervision of associations pursuant to section 421, to refuse to register an association without defining the grounds for such refusal. This provision therefore appears to give total discretion to the office of associations to accept or refuse registration. Although section 423(2) provides that an appeal can be made to the court against such refusal, it is not clear on what substantive grounds the administrative decision to refuse registration can be challenged. The Committee recalls that where the legislation does not clearly define the reasons which may be given for refusal and confers upon the competent authority a discretionary power to accept or refuse an application for registration, this may be tantamount in practice to imposing “previous authorization” which is incompatible with Article 2 of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 84). Therefore, the Committee requests the Government to take the necessary measures to revise section 423(2) of the Civil Code, with a view to withdrawing the discretionary power given to the office of associations to refuse registration.

Article 3. Right of organizations to organize their activities and formulate their programmes. The Committee notes that section 426 of the Civil Code provides that the office of associations shall be informed in due time whenever a general meeting of an association is held; may be represented by an observer at such general meeting and may prescribe any measure it thinks fit to ensure the good functioning of the general meeting. Furthermore, pursuant to sections 427 and 428 of the Civil Code the office should be informed of all the decisions taken and may impugn before the court the decisions contrary to the law or to the statutes. The Committee notes that these provisions allow and in effect encourage the systematic interference of administrative authority in the meetings and decisions of associations and as such are incompatible with Article3 of the Convention. The Committee requests the Government to take the necessary measures to revise these provisions, with a view to ensuring that public authorities refrain from any interference restricting the right of workers’ and employers’ organizations formed under the Civil Code provisions to organize their administration and activities and to formulate their programmes.

Article 4. Prohibition of dissolution by administrative authority. The Committee notes that section 415(1) of the Civil Code gives the office of associations the authority to dissolve associations where their “objects or activities are unlawful or contrary to morality”. The Committee notes that the reference to “morality” as grounds for dissolution of an organization is very vague and can give rise to arbitrary decisions. Section 415(2) provides for a right to appeal to a court against such decision by any of the directors of the association within thirty days after it has been known to the association, and subparagraph 3 provides that the court may stay the execution of the decision pending the decision on appeal. The Committee recalls that the dissolution and suspension of trade union organizations constitute extreme forms of interference by the authorities in the activities of organizations and should therefore be accompanied by all the necessary guarantees. This can only be ensured through a normal judicial procedure, which should also have the effect of a stay of execution. It is preferable for legislation not to allow dissolution or suspension of workers’ and employers’ organizations by administrative authority but, if it does, the administrative decision to suspend or dissolve an organization should not take effect until a final judicial decision is handed down. The Committee requests the Government to amend section 415 of the Civil Code with a view to ensuring that workers’ and employers’ organizations are not liable to be dissolved by administrative authority or, at least, to provide that such decision will not take effect until a final judicial decision is handed down.

Article 5. The right to establish and join federations and confederations. The Committee notes that the Civil Code does not provide for the right of associations governed by it to establish and join federations and confederations. The Committee recalls that to defend the interests of their members more effectively, workers’ and employers’ organizations should enjoy this right. Therefore, the Committee requests the Government to amend the Civil Code, with a view to recognizing and guaranteeing the right of workers’ and employers’ organizations established under the Civil Code to form federations and confederations of their own choosing, in conformity with Article 5 of the Convention.

The Committee requests the Government to provide information on all progress made in amending the Civil Code with a view to bringing it into conformity with the Convention and to transmit a copy of the amendments, once adopted.

Labour Proclamation. The right to strike. In its previous comments, the Committee repeatedly requested the Government to amend section 116(3) of the Labour Proclamation, which provides that in an undertaking where there is an association, but the majority of the employees are not members of the association, the agreement of more than half of the employees of the undertaking is required to hold a strike. The Committee notes the Government’s indication that it envisages amending section 116(3) of the Labour Proclamation, in line with the Committee’s request, to provide that if a strike vote is required only the votes cast will be counted. The Committee requests the Government to keep it informed of any progress in the amendment process and to send a copy of the legislation once adopted.

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Civil liberties. The Committee notes that in reply to its repeated past requests to provide information on how the right of trade unions to hold public meetings and demonstrations is secured in law and in practice, the Government indicates that fundamental human rights, including freedom of assembly and freedom of opinion and expression, are secured under the 1994 National Charter of Eritrea. It adds that trade unionists were able to hold meetings freely on their own premises for the discussion of trade union matters without prior authorization or interference by public authorities. To hold public meetings, organizations must observe the general rules applicable to such gatherings. The Government indicates that the National Confederation of Eritrean Workers (NCEW) has annually conducted May Day processions or demonstrations in support of social and economic demands. The NCEW also attended every meeting of regional African trade unions and international confederations to which they are affiliated. The Government further adds that where trade unionists are arrested or charged for breaching public order, they are entitled to refer the case to the judiciary, with all guarantees of due process of law. Penal procedure guarantees are set out in the Transitional Penal Code of Eritrea and applied in practice. The Committee requests the Government to provide information concerning the rules that generally apply to public meetings and demonstrations and preservation of public order, and to provide copies of any laws or regulations governing this matter. The Committee further requests the Government to indicate whether organizations other than the NCEW have been able to hold public demonstrations and meetings, including examples as to the dates and approximate size of such demonstrations and meetings, and to provide information concerning the number of trade unionists arrested or charged for breaching the public order, and the sentences imposed in their cases.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Compulsory national service. In its previous comments, the Committee noted that large numbers of Eritrean nationals were denied the right to organize for indefinite periods of their active lives while they were forced to perform work as part of their compulsory national service and recalled that the exception in Article 9(1) of the Convention is justified on the basis of the responsibility of the police, security and armed forces for the external and internal security of the State and must be construed in a restrictive manner, so as to apply only to purely military and policing functions and not to the whole active population mobilized for work in non-military areas as diverse as agriculture, construction, civil administration and education for indefinite periods of time under martial law that denies them the right to organize. The Committee urged the Government to take all necessary measures to ensure that Eritrean nationals are not denied the right to organize beyond the period of military service, during which they would perform work only of a purely military character. The Government indicates in this regard that the national service is limited to 18 months and large-scale demobilization has taken place by assigning national servicepersons under civil services or other public sector jobs to carry out civilian functions with adequate salary. According to the Government, after the 18 month-service, servicepersons are no longer conscripts but are civil servants and have the right to organize. The Committee notes however, that the report of the United Nations Special Rapporteur on the Situation of Human Rights in Eritrea of 9 May 2023 indicates that: (i) the policy of national service includes a civil service component and compulsory military service component; (ii) no progress has been made towards reforming national service, ensuring that the legal limits for its duration are respected or protecting the rights of citizens serving in the programme; (iii) the Special Rapporteur identified an upsurge in forced recruitment between mid- and late 2022, when in several regions, reservists over 50 years of age, and according to reports up to 70 years old, were called upon to serve in Tigray and in the border areas with Ethiopia (A/HRC/53/20, paragraphs 27, 30, 34). The Committee notes with deep concern that the Government does not indicate any measures taken to review the Proclamation on National Service (No. 82 of 1995) which allows the use of servicepersons in development work; that the national service continues to have a “civil service” component and that the practice of forced conscription for indefinite periods continued and even intensified during the reporting period. In view of the foregoing, the Committee once again urges the Government to take all the necessary measures to guarantee that the imposition of national service does not deny Eritrean nationals their right to organize beyond the legal period of service during which they would perform only work of a military nature, through: (i) reviewing the National Service Proclamation with a view to ensuring that servicepersons are not forced to do development or other non-military work as part of their national service, while they are subject to martial law and denied the right to organize; (ii) ensuring that legal limits for the duration of national service are respected in practice and putting an end to forced conscription for indefinite periods. The Committee requests the Government to provide information on any measures taken in this respect.

Civil servants. In its previous comments the Committee noted that Eritrean law does not guarantee the right of civil servants to organize, as they were excluded from the scope of the Labour Proclamation while the declared process of adoption of a special law governing their status was not progressing. The Committee notes that the Government reiterates its previous indications in this regard, that the freedom of association of civil servants is fully guaranteed as they can form professional associations under sections 404 and 406 of the Civil Code and adds that the drafting process of the civil servants’ code is still in the final stage of approval. The Committee recalls that in its previous comment it noted that Civil Code “professional associations” did not enjoy the same capacity as labour law associations in terms of representation of the occupational interests of their members. Furthermore, these associations cannot form or join trade union federations and confederations, and are susceptible to dissolution by the administrative authority where their “object or activities are unlawful or contrary to morality” (section 415 of the 2015 Civil Code). The Committee also notes the Government’s indication that demobilized conscripts are assigned to civil service and other public service jobs where they enjoy the right to organize, specifying that workers of public or semi-public enterprises are covered under the Labour Proclamation, while civil servants can form associations under the Civil Code. In view of the foregoing, the Committee notes that demobilized conscripts assigned to civil service will not fully enjoy the rights guaranteed by the Convention. Noting with regret the lack of progress on this matter, the Committee urges the Government to take adequate normative and practical measures to ensure, that pending the process of adoption of the civil service code, public servants can fully and without further delay enjoy the rights guaranteed in the Convention and establish organizations with full capacity of representing and defending their occupational interests. The Committee requests the Government to provide information on any measures taken in this respect.

Domestic workers. In its previous comment, the Committee noted that section 40 of the Labour Proclamation, which provides that the Minister may determine by regulation the provisions of the proclamation that shall apply to all or a category of domestic employees, casts doubt on the application of freedom of association guarantees to this group of workers. The Committee therefore requested the Government to either abrogate section 40 or rapidly adopt the regulation referred to therein. The Government indicates that it has no intention of abrogating section 40 but has committed to adopting the regulation concerning domestic employees, and adds that domestic workers are covered by general standards of the Civil Code and are entitled to the rights and freedoms guaranteed in the Labour Proclamation. Recalling that domestic workers and their organizations should be guaranteed the full range of the rights enshrined in the Convention, the Committee requests the Government to provide information concerning: (i) any organization representing domestic employees in Eritrea and, (ii) any progress in the adoption of the section 40 regulation concerning domestic workers.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes that section 362 of the Civil Code adopted in 2015 defines trade unions as groupings formed with a view to defending the financial interests of their members or to representing a particular calling and provides that they shall be subject to the special laws concerning trade unions. Paragraph 2 of this provision provides that in the absence of special laws trade unions shall be subject to the provisions of chapter 2 of title 3 of the Civil Code governing civil law associations. The Committee requests the Government to clarify how trade unions defined in article 362 of the Civil Code relate to associations of employees and employers defined in section 3(19) of the Labour Proclamation and regulated under its title VIII. Furthermore, the Committee requests the Government to provide information with regard to any developments concerning the drafting or adoption of special laws concerning trade unions.

Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to amend section 116(3) of the Labour Proclamation according to which the agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Committee notes the Government’s indication that even though the amendment of section 116(3) is under consideration, no change is envisaged with regard to the requirement of a simple majority of employees to take strike action, as expressed through secret ballot. In this regard, the Committee considers that the requirement of the agreement of an absolute majority of workers for calling a strike can excessively hinder the exercise of the right to strike, especially in large enterprises. Further, if a country deems it appropriate to require a vote by workers before a strike can be held, it 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 the 2012 General Survey on the fundamental Conventions, paragraph 147). Therefore, the Committee reiterates its request and firmly expects that the Government will amend section 116(3) of the Labour Proclamation in the very near future, so as to ensure that if a strike vote is required, only the votes cast are counted. It requests the Government to report on the progress made in this respect.

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Civil liberties. In its previous comments, the Committee repeatedly requested the Government to provide information on how it ensures the right of trade unions to hold public meetings and demonstrations. The Committee notes that the Government affirms in its report that the right of trade unions to hold public meetings and demonstrations is secured both in law and in practice, however, it once again provides no specific information on any measures taken to ensure protection of this right. Recalling that the right of trade unions to hold public meetings and demonstrations is an essential aspect of freedom of association, the Committee once again requests the Government to provide specific information regarding how the right is secured both in law and in practice.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Compulsory national service. In its previous comment, the Committee had urged the Government to change its law and practice, to ensure that Eritrean nationals are not denied the right to organize beyond the legally restricted period of military service, during which they would perform work of purely military character.

The Committee recalls that the population has been mobilized since the 1998-2000 border war with Ethiopia. It notes that recent reports of several United Nations human rights bodies and procedures, including the Committee on Elimination of Discrimination against Women (CEDAW/C/ERI/CO/6, para. 10), and the Special Rapporteur on the situation of human rights in Eritrea (A/HRC/44/23, para. 32), indicate that national service continues to be of an indefinite period.

The Committee notes the Government’s indication that conscripts may be called to perform non-military activities only in genuine cases of emergency or force majeure and makes a particular reference to the threat of famine. In this regard, while the Committee takes due note of the serious food security challenges faced by the country, it also recalls that under the Convention, workers in agriculture, natural resource and eco-system management and other development activities aiming at ensuring food security have the right to establish and join organizations of their own choosing. It observes in this respect that in Eritrea, National Service Proclamation 82/1995 allows the assignment to development work of servicemen and women, who, as members of the armed forces, are excluded from all labour rights including the right to freedom of association, both during active national service and reserve military service. The Committee considers that depriving workers of their right to freedom of association through assigning men and women to work in development projects in the framework of compulsory national service, which remains of indefinite duration, is contrary to the obligations of Eritrea under the Convention, as such work – even if aimed to ensure food security – may not be excluded from the Convention’s scope of application.

The Committee notes that the Government refers to its policy of self-reliance in protecting people from hunger or force majeure, which would entail that as a developing country, it must be given sufficient time to give effect to the Convention. In this regard, the Committee recalls that ensuring respect for fundamental principles and rights at work, such as the freedom of association rights and guarantees set out in the Convention, results in undeniable benefits to the development of human potential and economic growth in general and therefore contributes to economic recovery, social justice and sustainable peace (see the 2012 General Survey on the fundamental Conventions, paragraph 4).

In view of the above considerations, the Committee once again urges the Government to take all the necessary measures so as to ensure that Eritrean nationals are not denied the right to organize beyond the period of military service, during which they would perform work only of a purely military character.

Civil servants. Since its initial comments, the Committee has consistently requested and urged the Government to expedite the process of drafting the Civil Service Code to ensure that the right of civil servants to organize is guaranteed, given that these workers are excluded from the scope of the Labour Proclamation. The Committee notes the Government’s indication that certain groups such as teachers, medical doctors, nurses, electrical contractors and engineers, composed mostly of civil servants, have established and registered professional associations under articles 404 and 406 of the transitional civil code of Eritrea. The Government also once again indicates that the Civil Servants’ Code of Eritrea is still at the final stage of drafting, the same indication it has given for a number of years. The Committee understands that civil law associations do not have the same rights as labour law associations in terms of representation of the occupational interests of their members in relation to the employer and the authorities. They also are not covered by labour law guarantees such as prohibition of anti-union discrimination and non-interference. Finally, the Committee notes that in its report on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Government indicates that demobilized members of national service are gradually integrated into civil service, which implies that the number of civil servants will grow, while these workers will not enjoy the full rights and guarantees set out in the Convention. Regretting the lack of progress in this respect, the Committee once again urges the Government to take all the necessary measures to ensure without further delay that all civil servants are fully guaranteed their freedom of association rights under the Convention.

Domestic workers. The Committee notes that section 40 of Labour Proclamation provides that the Minister may determine by regulation the provisions of the Proclamation that shall apply to all or to a category of domestic employees and the manner of their application. The Committee considers that this provision casts doubt on the application of all labour law guarantees enshrined in the Proclamation to domestic workers, including the provisions concerning freedom of association. It further notes that the Civil Code published in 2015 contains provisions governing the contract of domestic employment, without however covering freedom of association rights. The Committee recalls that in the framework of its examination of application of Convention No. 98, it has consistently requested the Government to ensure that the rights of domestic workers are explicitly guaranteed. According to the information submitted by the Government, no specific rules other than the civil code provisions govern domestic work. Therefore, the Committee requests the Government to take any necessary measures, including through the abrogation of section 40 of the Labour Proclamation or the rapid adoption of a regulation, to ensure that domestic workers enjoy all rights under the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to amend section 116(3) of the Labour Proclamation according to which the agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Committee notes that the Government considers its request to be beyond the scope of the Convention and therefore does not provide any information on the legislative measures taken or envisaged in this respect. Recalling that the matter raised falls within its well-recognized mandate to undertake an impartial and technical analysis of how the Convention is applied in law and practice for all ratifying member States, the Committee reiterates its request and expects that the Government will amend section 116(3) of the Labour Proclamation in the very near future, so as to ensure that if a strike vote is required, only the votes cast are counted, and requests the Government to report on the progress made in this respect.

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The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Civil liberties. In its previous comments, the Committee requested the Government to provide information on how it ensures the rights of trade unions to organize their administration and activities and to hold public meetings and demonstrations in practice. In this respect, the Government reiterates earlier statements regarding provisions available under the Labour Proclamation of 2001, and indicates that in March 2017, the National Confederation of Eritrean Workers (NCEW) held its seventh congress and elected its representatives in full freedom. Furthermore, a basic workers’ association was recently established in Bisha Mining Share Company, where the parties were engaged in a process of collective bargaining. The Government indicates that the latter development demonstrates that the NCEW has extended its coverage to new sectors. While taking note of this information, the Committee regrets that the Government provides no information on any measures taken in the last several years to ensure protection for the exercise of the right to hold demonstrations and public meetings in law and in practice. Recalling that the right of trade unions to hold public meetings and demonstrations is an essential aspect of freedom of association, the Committee reiterates its request.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Compulsory national service. The Committee notes that pursuant to sections 19 and 30 of the National Service Proclamation (No. 82/1995), those performing work within the framework of national service are subject to martial law and regulations and that section 3 of the Labour Proclamation excludes members of the military, police and security forces from the scope of the labour law. The Committee further notes the discussions that took place in the Conference Committee for the Application of Standards (CAS) concerning the application of the Forced Labour Convention, 1930 (No. 29), and its 2015 and 2018 conclusions which make reference to large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of programmes related to the obligation of national service. This practice has also been reported extensively by the Commission of Inquiry on Human Rights in Eritrea established by the United Nations Humans Rights Council, as well as the Special Rapporteur on the Situation of Human Rights in Eritrea (Special Rapporteur) appointed by the same Council. The Committee notes with deep concern that large numbers of Eritrean nationals have been denied the right to organize for indefinite periods of their active life while they were forced to perform work as part of their obligation of compulsory national service. The Committee recalls that the exception in Article 9(1) of the Convention is justified on the basis of the responsibility of the police, security and armed forces for the external and internal security of the State. This exception must be construed in a restrictive manner, so as to apply only to purely military and policing functions and not to the whole active population mobilized for work in non-military areas as diverse as agriculture, construction, civil administration and education for indefinite periods of time under martial law that denies them the right to organize. In view of the above considerations, and noting the end of “no war no peace situation” that had lasted since the 1998–2000 border war with Ethiopia and the formal restoration of relations between the two countries in July 2018, the Committee urges the Government to end the general mobilization of the population for indefinite periods of time under martial law and to revoke or amend the National Service Proclamation accordingly, so as to ensure that Eritrean nationals are not denied the right to organize beyond the legally restricted period of military service, during which they would perform work of purely military character.

Civil servants. The Committee recalls that in its 2014 observation, it had observed with concern that the Government had been referring to the imminent adoption of the Civil Servants’ Proclamation for the last 12 years, and had urged the Government to take all the necessary measures to expedite the adoption process of the Proclamation so as to grant without further delay the right to organize to all civil servants in accordance with the Convention, and that it repeated the same observation with concern in 2016 and 2017. The Committee notes with deep concern that the Government once again indicates that the drafting process of this Act is still at its final stage for approval. In this respect, the Committee notes that in her latest report, the Special Rapporteur informed the UN Human Rights Council that there was still no parliament in Eritrea where laws could be discussed and questions of national importance debated (A/HRC/38/50 of 25 June 2018, paragraph 28). The Committee is bound to note that the institutional standstill described in the Special Rapporteur’s report does not favour the imminent adoption of new legislation. Recalling that civil servants, like all other workers with the only exception of armed forces and the police, should enjoy the right to establish and join organizations of their own choosing, the Committee urges the Government to take all the necessary measures to ensure that the adoption process of the Civil Servants’ Code is concluded and the right to organize is guaranteed to all civil servants without further delay. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to amend section 116(3) of the Labour Proclamation according to which the agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Committee notes that the Government considers its request to be beyond the scope of the Convention and therefore does not provide any information on the legislative measures taken or envisaged in this respect. Recalling that the matter raised falls within its well-recognized mandate to undertake an impartial and technical analysis of how the Convention is applied in law and practice for all ratifying member States, the Committee reiterates its request and expects that the Government will amend section 116(3) of the Labour Proclamation in the very near future, so as to ensure that if a strike vote is required, only the votes cast are counted, and requests the Government to report on the progress made in this respect.

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The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

Civil liberties. In its previous comments, the Committee requested the Government to provide information on how it ensures the rights of trade unions to organize their administration and activities and to hold public meetings and demonstrations in practice. In this respect, the Government reiterates earlier statements regarding provisions available under the Labour Proclamation of 2001, and indicates that in March 2017, the National Confederation of Eritrean Workers (NCEW) held its seventh congress and elected its representatives in full freedom. Furthermore, a basic workers’ association was recently established in Bisha Mining Share Company, where the parties were engaged in a process of collective bargaining. The Government indicates that the latter development demonstrates that the NCEW has extended its coverage to new sectors. While taking note of this information, the Committee regrets that the Government provides no information on any measures taken in the last several years to ensure protection for the exercise of the right to hold demonstrations and public meetings in law and in practice. Recalling that the right of trade unions to hold public meetings and demonstrations is an essential aspect of freedom of association, the Committee reiterates its request.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Compulsory national service. The Committee notes that pursuant to sections 19 and 30 of the National Service Proclamation (No. 82/1995), those performing work within the framework of national service are subject to martial law and regulations and that section 3 of the Labour Proclamation excludes members of the military, police and security forces from the scope of the labour law. The Committee further notes the discussions that took place in the Conference Committee for the Application of Standards (CAS) concerning the application of the Forced Labour Convention, 1930 (No. 29), and its 2015 and 2018 conclusions which make reference to large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of programmes related to the obligation of national service. This practice has also been reported extensively by the Commission of Inquiry on Human Rights in Eritrea established by the United Nations Humans Rights Council, as well as the Special Rapporteur on the Situation of Human Rights in Eritrea (Special Rapporteur) appointed by the same Council. The Committee notes with deep concern that large numbers of Eritrean nationals have been denied the right to organize for indefinite periods of their active life while they were forced to perform work as part of their obligation of compulsory national service. The Committee recalls that the exception in Article 9(1) of the Convention is justified on the basis of the responsibility of the police, security and armed forces for the external and internal security of the State. This exception must be construed in a restrictive manner, so as to apply only to purely military and policing functions and not to the whole active population mobilized for work in non-military areas as diverse as agriculture, construction, civil administration and education for indefinite periods of time under martial law that denies them the right to organize. In view of the above considerations, and noting the end of “no war no peace situation” that had lasted since the 1998–2000 border war with Ethiopia and the formal restoration of relations between the two countries in July 2018, the Committee urges the Government to end the general mobilization of the population for indefinite periods of time under martial law and to revoke or amend the National Service Proclamation accordingly, so as to ensure that Eritrean nationals are not denied the right to organize beyond the legally restricted period of military service, during which they would perform work of purely military character.

Civil Servants. The Committee recalls that in its 2014 observation, it had observed with concern that the Government had been referring to the imminent adoption of the Civil Servants’ Proclamation for the last 12 years, and had urged the Government to take all the necessary measures to expedite the adoption process of the Proclamation so as to grant without further delay the right to organize to all civil servants in accordance with the Convention, and that it repeated the same observation with concern in 2016 and 2017. The Committee notes with deep concern that the Government once again indicates that the drafting process of this Act is still at its final stage for approval. In this respect, the Committee notes that in her latest report, the Special Rapporteur informed the UN Human Rights Council that there was still no parliament in Eritrea where laws could be discussed and questions of national importance debated (A/HRC/38/50 of 25 June 2018, paragraph 28). The Committee is bound to note that the institutional standstill described in the Special Rapporteur’s report does not favour the imminent adoption of new legislation. Recalling that civil servants, like all other workers with the only exception of armed forces and the police, should enjoy the right to establish and join organizations of their own choosing, the Committee urges the Government to take all the necessary measures to ensure that the adoption process of the Civil Servants’ Code is concluded and the right to organize is guaranteed to all civil servants without further delay. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes. For a number of years, the Committee has been requesting the Government to amend section 116(3) of the Labour Proclamation according to which the agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Committee notes that the Government considers its request to be beyond the scope of the Convention and therefore does not provide any information on the legislative measures taken or envisaged in this respect. Recalling that the matter raised falls within its well-recognized mandate to undertake an impartial and technical analysis of how the Convention is applied in law and practice for all ratifying member States, the Committee reiterates its request and expects that the Government will amend section 116(3) of the Labour Proclamation in the very near future, so as to ensure that if a strike vote is required, only the votes cast are counted, and requests the Government to report on the progress made in this respect.

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Civil liberties. In its previous comments, the Committee requested the Government to provide information on how it ensures the rights of trade unions to organize their administration and activities and to hold public meetings and demonstrations in practice. In this respect, the Government reiterates earlier statements regarding provisions available under the Labour Proclamation of 2001, and indicates that in March 2017, the National Confederation of Eritrean Workers (NCEW) held its seventh congress and elected its representatives in full freedom. Furthermore, a basic workers’ association was recently established in Bisha Mining Share Company, where the parties were engaged in a process of collective bargaining. The Government indicates that the latter development demonstrates that the NCEW has extended its coverage to new sectors. While taking note of this information, the Committee regrets that the Government provides no information on any measures taken in the last several years to ensure protection for the exercise of the right to hold demonstrations and public meetings in law and in practice. Recalling that the right of trade unions to hold public meetings and demonstrations is an essential aspect of freedom of association, the Committee reiterates its request.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. Compulsory national service. The Committee notes that pursuant to sections 19 and 30 of the National Service Proclamation (No. 82/1995), those performing work within the framework of national service are subject to martial law and regulations and that section 3 of the Labour Proclamation excludes members of the military, police and security forces from the scope of the labour law. The Committee further notes the discussions that took place in the Conference Committee for the Application of Standards (CAS) concerning the application of the Forced Labour Convention, 1930 (No. 29), and its 2015 and 2018 conclusions which make reference to large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of programmes related to the obligation of national service. This practice has also been reported extensively by the Commission of Inquiry on Human Rights in Eritrea established by the United Nations Humans Rights Council, as well as the Special Rapporteur on the Situation of Human Rights in Eritrea (Special Rapporteur) appointed by the same Council. The Committee notes with deep concern that large numbers of Eritrean nationals have been denied the right to organize for indefinite periods of their active life while they were forced to perform work as part of their obligation of compulsory national service. The Committee recalls that the exception in Article 9(1) of the Convention is justified on the basis of the responsibility of the police, security and armed forces for the external and internal security of the State. This exception must be construed in a restrictive manner, so as to apply only to purely military and policing functions and not to the whole active population mobilized for work in non-military areas as diverse as agriculture, construction, civil administration and education for indefinite periods of time under martial law that denies them the right to organize. In view of the above considerations, and noting the end of “no war no peace situation” that had lasted since the 1998–2000 border war with Ethiopia and the formal restoration of relations between the two countries in July 2018, the Committee urges the Government to end the general mobilization of the population for indefinite periods of time under martial law and to revoke or amend the National Service Proclamation accordingly, so as to ensure that Eritrean nationals are not denied the right to organize beyond the legally restricted period of military service, during which they would perform work of purely military character.

Civil Servants. The Committee recalls that in its 2014 observation, it had observed with concern that the Government had been referring to the imminent adoption of the Civil Servants’ Proclamation for the last 12 years, and had urged the Government to take all the necessary measures to expedite the adoption process of the Proclamation so as to grant without further delay the right to organize to all civil servants in accordance with the Convention, and that it repeated the same observation with concern in 2016 and 2017. The Committee notes with deep concern that the Government once again indicates that the drafting process of this Act is still at its final stage for approval. In this respect, the Committee notes that in her latest report, the Special Rapporteur informed the UN Human Rights Council that there was still no parliament in Eritrea where laws could be discussed and questions of national importance debated (A/HRC/38/50 of 25 June 2018, paragraph 28). The Committee is bound to note that the institutional standstill described in the Special Rapporteur’s report does not favour the imminent adoption of new legislation. Recalling that civil servants, like all other workers with the only exception of armed forces and the police, should enjoy the right to establish and join organizations of their own choosing, the Committee urges the Government to take all the necessary measures to ensure that the adoption process of the Civil Servants’ Code is concluded and the right to organize is guaranteed to all civil servants without further delay. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes. The Committee had requested the Government to amend section 116(3) of the Labour Proclamation according to which the agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Government indicates that, pursuant to the current draft amendment initiated by the Ministry of Labour and Human Welfare, a simple majority of employees is required for calling a strike. While acknowledging the steps initiated by the Government to amend the relevant provision, the Committee recalls that, when legal provisions require a strike vote, the Government should ensure that only the votes cast are counted. The Committee hopes that section 116(3) of the Labour Proclamation will be amended accordingly in the very near future and requests the Government to report on the progress made in this respect.

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The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments made in 2014. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

The Committee notes the Government’s comments on the observations submitted by the International Trade Union Confederation (ITUC) in 2012, which relate to the right to elect trade union representatives in full freedom. As to the ITUC allegations that all unions, including the National Confederation of Eritrean Workers and its affiliates, are kept under close scrutiny by the Government, and that public gatherings of over seven persons are prohibited, the Committee recalls that the rights of trade unions to organize their administration and activities and to hold public meetings and demonstrations are essential aspects of freedom of association. The Committee requests the Government to provide further information as to how it ensures the respect of these rights in practice.

Article 2 of the Convention. Right of workers without distinction whatsoever, to establish and join organizations. In its previous comments, the Committee hoped that the Civil Servants’ Proclamation would be adopted shortly so that all civil servants have the right to organize, in accordance with the Convention. The Government once again states that the drafting process of the Proclamation is at the final stage for approval, and that civil servants will have the right to organize under its section 58(1). Observing with concern that the Government has been referring to the imminent adoption of the Civil Servants’ Proclamation for the last 12 years, the Committee urges the Government to take all necessary measures to expedite the adoption process of the Proclamation so as to grant without further delay the right to organize to all civil servants, in conformity with the Convention. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard, if it so wishes.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes. The Committee had requested the Government to amend section 116(3) of the Labour Proclamation according to which the agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Government indicates that, pursuant to the current draft amendment initiated by the Ministry of Labour and Human Welfare, a simple majority of employees is required for calling a strike. While acknowledging the steps initiated by the Government to amend the relevant provision, the Committee recalls that, when legal provisions require a strike vote, the Government should ensure that only the votes cast are counted. The Committee hopes that section 116(3) of the Labour Proclamation will be amended accordingly in the very near future and requests the Government to report on the progress made in this respect.

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The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016 which are of a general nature.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee notes the Government’s comments on the observations submitted by the International Trade Union Confederation (ITUC) in 2012, which relate to the right to elect trade union representatives in full freedom. As to the ITUC allegations that all unions, including the National Confederation of Eritrean Workers and its affiliates, are kept under close scrutiny by the Government, and that public gatherings of over seven persons are prohibited, the Committee recalls that the rights of trade unions to organize their administration and activities and to hold public meetings and demonstrations are essential aspects of freedom of association. The Committee requests the Government to provide further information as to how it ensures the respect of these rights in practice.

Article 2 of the Convention. Right of workers without distinction whatsoever, to establish and join organizations. In its previous comments, the Committee hoped that the Civil Servants’ Proclamation would be adopted shortly so that all civil servants have the right to organize, in accordance with the Convention. The Government once again states that the drafting process of the Proclamation is at the final stage for approval, and that civil servants will have the right to organize under its section 58(1). Observing with concern that the Government has been referring to the imminent adoption of the Civil Servants’ Proclamation for the last 12 years, the Committee urges the Government to take all necessary measures to expedite the adoption process of the Proclamation so as to grant without further delay the right to organize to all civil servants, in conformity with the Convention. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard, if it so wishes.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes. The Committee had requested the Government to amend section 116(3) of the Labour Proclamation according to which the agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Government indicates that, pursuant to the current draft amendment initiated by the Ministry of Labour and Human Welfare, a simple majority of employees is required for calling a strike. While acknowledging the steps initiated by the Government to amend the relevant provision, the Committee recalls that, when legal provisions require a strike vote, the Government should ensure that only the votes cast are counted. The Committee hopes that section 116(3) of the Labour Proclamation will be amended accordingly in the very near future and requests the Government to report on the progress made in this respect.

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The Committee is raising other matters in a request addressed directly to the Government.

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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:

Repetition
The Committee requests the Government to provide its observations in reply to the comments submitted by the International Trade Union Confederation in 2012.
Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. In its previous comments, the Committee noted the information that the process to enact the Civil Servants’ Code is in its final stage and that public servants will have the right to organize under section 58(1) of the draft Code. The Committee hopes that the Civil Servants’ Code will be adopted shortly so that all public servants have the right to organize, in accordance with the Convention, and requests the Government to provide a copy of the Code as soon as it has been adopted.
Article 3. The right of organizations to organize their activities and to formulate their programmes. In its previous comments, the Committee requested the Government to amend section 116(3) of the Labour Proclamation pursuant to which the agreement of more than half of the employees of an undertaking is necessary to hold a strike. Recalling that, when legislative provisions require a vote by workers before a strike can be held, the Government should ensure that only the votes cast are counted, and that the required quorum and majority are fixed at a reasonable level. The Committee requests the Government to take the necessary measures to amend the legislation and to indicate any progress made in its next report.

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The Committee notes the observations of 31 July 2012 from the International Trade Union Confederation (ITUC), which denounce the absence of freedom of association in Eritrea characterized particularly by the obligation to obtain special authorization from the authorities to establish a trade union of over 20 persons and the prohibition of any public meeting of over seven persons. The Committee requests the Government to provide its comments in reply to the ITUC’s allegations.

Moreover, the Committee notes the information that the process to enact the Civil Servants’ Code is in its final stage and that public servants will have the right to organize under section 58(1) of the draft Code. The Committee hopes that the Civil Servants’ Code will be adopted shortly so that all public servants have the right to organize, in accordance with the Convention, and requests the Government to provide a copy of the Code as soon as it has been adopted.

Article 3. The right of organizations to organize their activities and to formulate their programmes. In its previous comments, the Committee requested the Government to amend section 116(3) of the Labour Proclamation pursuant to which the agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Committee recalled that, when legislative provisions require a vote by workers before a strike can be held, the Government should ensure that only the votes cast are counted, 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). In the absence of any information from the Government on measures taken to amend section 116(3) of the Labour Proclamation, the Committee can only reiterate the abovementioned principle and urge the Government to take the necessary measures for this purpose and to indicate any progress made in its next report.

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The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) on 4 August 2011 concerning issues already raised by the Committee.

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous direct request which read as follows:

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. In its previous comments, the Committee requested the Government to provide information or statistics regarding any organization established by workers excluded from the application of the Labour Proclamation (section 3), in particular as regards judges, prosecutors, registrars, civil service employees and employees in managerial positions. The Committee had noted that the Government indicated that: (i) none of the workers mentioned in the above categories are wholly excluded from the right to organize; (ii) professional associations (teachers, medical doctors and pharmacists) have been established in Eritrea and that most of their members are civil service employees; (iii) except the military and the police force, all employers and employees have the right to organize; and (iv) unfortunately, the statistics regarding any organization established by workers exempted from the application of the Labour Proclamation are not yet available. In these circumstances, the Committee hopes that the information or statistics regarding organizations established by workers excluded from the application of the Labour Proclamation will be available in the near future and requests the Government to provide information in this respect in its next report.

Moreover, the Committee had previously requested the Government to provide specific information concerning the status of the Civil Servants’ Proclamation. The Committee had noted that the Government once again reiterated that the drafting of the legal text concerning public servants reached its final stage and would be communicated to the ILO once adopted. The Committee requests the Government to transmit a copy of the Civil Servants’ Code as soon as it has been adopted.

Article 3. Right to strike. In its previous comments, the Committee requested the Government to amend section 116(3) of the Labour Proclamation pursuant to which an agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Committee had noted that the Government indicated that the majority provided in section 116(3) of the Labour Proclamation (in an undertaking where there is an association but the majority of the employees are not members of the association) is compatible with the Convention. The Committee once again recalled that 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 requests the Government to take the necessary measures to amend section 116(3) of the Labour Proclamation taking into account the abovementioned principle and to provide information in its next report on any measure adopted in this respect.

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The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) on 24 August 2010 concerning issues already raised by the Committee. The Committee requests the Government to provide its observations thereon.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. In its previous comments, the Committee requested the Government to provide information or statistics regarding any organization established by workers excluded from the application of the Labour Proclamation (section 3), in particular as regards judges, prosecutors, registrars, civil service employees and employees in managerial positions. The Committee notes that the Government indicates that: (i) none of the workers mentioned in the above categories are wholly excluded from the right to organize; (ii) professional associations (teachers, medical doctors and pharmacists) have been established in Eritrea and that most of their members are civil service employees; (iii) except the military and the police force, all employers and employees have the right to organize; and (iv) unfortunately, the statistics regarding any organization established by workers exempted from the application of the Labour Proclamation are not yet available. In these circumstances, the Committee hopes that the information or statistics regarding organizations established by workers excluded from the application of the Labour Proclamation will be available in the near future and requests the Government to provide information in this respect in its next report.

Moreover, the Committee had previously requested the Government to provide specific information concerning the status of the Civil Servants’ Proclamation. The Committee notes that the Government once again reiterates that the drafting of the legal text concerning public servants, reached its final stage and would be communicated to the ILO once adopted. The Committee requests the Government to transmit a copy of the Civil Servants’ Code as soon as it has been adopted.

Article 3. Right to strike. In its previous comments, the Committee requested the Government to amend section 116(3) of the Labour Proclamation pursuant to which an agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Committee notes that the Government indicates that the majority provided in section 116(3) of the Labour Proclamation (in an undertaking where there is an association but the majority of the employees are not members of the association) is compatible with the Convention. The Committee once again recalls that 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 requests the Government to take the necessary measures to amend section 116(3) of the Labour Proclamation taking into account the abovementioned principle and to provide information in its next report on any measure adopted in this respect.

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Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. In its previous comments, in order to gain a fuller understanding of the manner in which the right to organize is exercised in practice, the Committee requested the Government to provide information on and any available statistics regarding any workers’ organizations that have been established by those categories of workers who were 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 noted the Government’s indication that the purpose of section 3 of the Labour Proclamation is to exclude these categories of workers from the regulation under the Labour Proclamation but that this function of the section should not be construed to mean that those workers do not have the right to establish and join their own associations. In general, in Eritrea, all employers and employees, except for the military and the police, have the right to organize under the special laws or the Transitional Civil Code. In this respect, the Government referred to sections 404 and 406 of the Transitional Civil Code, applicable in the absence of any special law guaranteeing workers the right to form and join organizations and which 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. The Committee further noted the Government’s indication that the drafting of the Civil Servants’ Code has reached its final stage and will be communicated to the ILO once adopted. In these circumstances, the Committee once again requests the Government to provide information or statistics regarding any organization established by workers excluded from the application of the Labour Proclamation, and trusts that the Government will transmit a copy of the Civil Servants’ Code as soon as it has been adopted.

Article 3. Right to strike. In its previous comments, the Committee requested the Government to amend section 116(3) of the Labour Proclamation pursuant to which, an agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Committee had noted the Government’s indication that the Ministry of Labour took note of and will examine the Committee’s previous comments to the effect that 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. The Committee takes note of this information and requests the Government to keep it informed of the measures taken or envisaged to amend section 116(3) of the Labour Proclamation so as to bring it into conformity with the Convention.

Finally, the Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 26 August 2009, concerning issues already raised by the Committee.

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The Committee notes the Government’s report.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. In its previous comments, in order to gain a fuller understanding of the manner in which the right to organize is exercised in practice, the Committee requested the Government to provide information on and any available statistics regarding any workers’ organizations that have been established by those categories of workers who were 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 notes the Government’s indication that the purpose of section 3 of the Labour Proclamation is to exclude these categories of workers from the regulation under the Labour Proclamation but that this function of the section should not be construed to mean that those workers do not have the right to establish and join their own associations. In general, in Eritrea, all employers and employees, except for the military and the police, have the right to organize under the special laws or the Transitional Civil Code. In this respect, the Government once again refers to sections 404 and 406 of the Transitional Civil Code, applicable in the absence of any special law guaranteeing workers the right to form and join organizations and which 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. The Committee further notes the Government’s indication that the drafting of the Civil Servants’ Code has reached its final stage and will be communicated to the ILO once adopted. In these circumstances, the Committee once again requests the Government to provide information or statistics regarding any organization established by workers excluded from the application of the Labour Proclamation, and trusts that the Government will transmit a copy of the Civil Servants’ Code as soon as it has been adopted.

Article 3. Right to strike. In its previous comments, the Committee requested the Government to amend section 116(3) of the Labour Proclamation pursuant to which, an agreement of more than half of the employees of an undertaking is necessary to hold a strike. In its reply, the Government indicates that the Ministry of Labour took note of and will examine the Committee’s previous comments to the effect that 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. The Committee takes note of this information and requests the Government to keep it informed of the measures taken or envisaged to amend section 116(3) of the Labour Proclamation so as to bring it into conformity with the Convention.

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The Committee notes the Government’s report. With reference to the communication of the International Confederation of Free Trade Unions (ICFTU, now ITUC – the International Trade Union Confederation) of 10 August 2006 concerning the arrest of three trade union leaders in 2005, the Committee notes from Case No. 2449 concerning Eritrea pending before the Committee on Freedom of Association that the three trade union leaders were released in April 2007 (see 347th Report). The Committee recalls that the arrest and detention of trade unionists without any charges being laid or court warrants being issued constitutes a serious attack on trade union rights.

Finally, the Committee notes the comments of the ITUC of 28 August 2007, referring to legislative issues raised by the Committee in a request addressed directly to the Government.

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The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006, which refer in a general manner to the pending legislative issues relating to the application of the Convention which are now being examined. The ICFTU also indicates the arrest and disappearance of trade union leaders and the arrest and imprisonment without charge of an employers’ leader. In this regard, while recalling that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against these organizations’ leaders and members and that it is for governments to ensure that this principle is respected, the Committee asks the Government to provide its observations relating to the comments made by the ICFTU.

Moreover, the Committee requests the Government to provide, in time for its next session in November-December 2007 and in accordance with the regular reporting cycle, its observations on all the legislative issues and issues relating to the application of the Convention in practice which were mentioned in the Committee’s previous direct request in 2005 (see 2005 direct request, 76th Session).

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The Committee notes the Government’s report, according to which, no changes have so far been made with regard to the application of the Convention; however, consultations with the interested parties were under way.

1. Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. In its previous comments, the Committee requested that the Government provide information on and any available statistics regarding 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 considered that the right to organize of these workers might be difficult to exercise in practice without a clear legislative framework. The Committee once again 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 and to provide relevant statistics on any workers’ organizations established by the abovementioned categories of workers. The Committee once again requests the Government to transmit a copy of the Civil Servants’ Code as soon as it has been adopted.

2. Article 3. Right to strike. In its previous direct request, the Committee took note of the Government’s indication that even when in an undertaking there was an association that did not represent the majority of the employees, according to section 116(3) of the Labour Proclamation, the agreement of more than half of the employees of the undertaking was necessary to hold a strike. The Committee recalled that although the requirement of prior approval by a certain percentage of workers in order to exercise the right to strike did 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. The Committee therefore once again requests that the Government indicate the measures taken or envisaged to amend section 116(3) of the Labour Proclamation in this respect.

3. The Committee hopes that the Government will take the necessary measures in order to improve its legislation in respect of the matters raised above.

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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.

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Article 2(a). Right of workers and employers, without distinction whatsoever, to establish and join organizations. The Committee notes that some categories of workers, which include judges and prosecutors, members of civil services, persons holding managerial positions who are directly engaged in major managerial functions of an undertaking and have power delegated to them by law or contract of employment to make decisions on behalf of the undertaking, and the highest level of administration of the state-owned or state-run profit-making undertakings or of projects run by government agencies are not covered by the provisions of the Labour Proclamation. The Committee notes the Government’s indication that the right of public servants to form organizations will be protected by the Civil Service Code currently being drafted. The Committee requests the Government to provide the copy of the Civil Service Code as soon as it is adopted so that the Committee can examine its conformity with the provisions of the Convention. Recalling that this Article of the Convention provides that all workers, without distinction whatsoever, should have the right to establish and join organizations in the furtherance and defence of their occupational interests, with the sole possible exception being that of the armed forces and the police, the Committee requests the Government to indicate the manner in which this right is ensured for judges, prosecutors and persons holding managerial positions.

(b) Right to establish organizations of their own choosing. The Committee notes section 89 of the Labour Proclamation, according to which employees’ associations in an undertaking where the number of employees is 20 or more shall have a minimum of 15 members. In this respect, the Committee requests the Government to indicate whether workers in such undertakings also have the right to establish and join general associations, as provided for workers of an undertaking which has less than 20 employees.

Article 3. Right to strike. The Committee notes section 116 of the Labour Proclamation, which provides that a majority of employees must vote in favour of a strike for it to be legal. The Committee recalls that in many countries legislation subordinates the exercise of the right to strike to prior approval by a certain percentage of workers. Although this requirement does not, in principle, raise problems of compatibility with the Convention, the majority required should not be such that the exercise of the right to strike becomes very difficult, or even impossible in practice. If a member State deems it appropriate to establish in its legislation provisions which require a vote by workers before a strike can be held, it 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 requests the Government to indicate the measures taken or envisaged to ensure that, where an association does not represent the majority of the employees (section 116(3)), account is taken only of the votes cast. The Committee also requests the Government to indicate whether sympathy strikes and protest actions in respect of government socio-economic policy affecting the workers can be exercised without sanctions.

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The Committee notes with interest the information contained in the Government’s first report. It wishes to raise a certain number of points concerning the application of the following Articles of the Convention.