Repetition

Article 1(d) of the Convention. Penalties involving compulsory labour for participating in strikes. The Committee previously noted that, pursuant to Labour Proclamation No. 118/2001, participation in unlawful strikes is considered an unfair labour practice (Article 119(8)) and is punishable with fines (Article 156) unless, in certain cases, the provisions of the Penal Code provide for more severe penalties (Article 154). Under Articles 412 and 413 of the Transitional Penal Code of 1991, participation in strikes by public servants with the intention of disturbing the public order or the public interest is punishable with imprisonment. Moreover, under Article 110 of the Transitional Penal Code, persons who are convicted to imprisonment are subject to the obligation to work in prison.

The Committee further noted the Government’s indication that Article 413 of the Transitional Penal Code is only applicable to persons who participate in unlawful strikes and that it does not concern workers organizing a peaceful strike. The Government considered that the right to strike is one of the essential means available to workers and their organizations to further their interests. It added that no civil servant in Eritrea could be punished with imprisonment involving an obligation to work under Articles 412 and 413 of the Transitional Penal Code. However, the participation in strikes by public servants with the intention of disturbing the public order or the public interest may be punishable by simple imprisonment or a fine. It further indicated that none of the provisions referred to above was applied in practice as no strike had been declared. The Committee nevertheless drew the Government’s attention to the fact that a strike may be declared unlawful for reasons relating to lack of compliance with certain procedural requirements, without those organizing it and participating in it jeopardizing the public order or the strike losing its peaceful nature. Furthermore, the provisions of Article 413 (disorganization of the service by striking), by referring to disturbing the public order or state services, may be broadly interpreted and serve as a basis for the imposition of sentences of imprisonment for participation in a strike, under which, in accordance with Article 110 of the Transitional Penal Code, work may be imposed.  Noting an absence of information in the Government’s report on this point, the Committee once again firmly hopes that the Government will take the necessary measures, particularly in the context of the new Penal Code, to ensure that the legislation does not contain provisions which could be used by the courts to convict persons organizing or participating peacefully in a strike to sentences of imprisonment involving compulsory labour. The Committee also requests the Government to provide information on sentences imposed under Articles 412 and 413 of the Transitional Penal Code of 1991, including on the facts that gave rise to the sentences and the nature of the penalties imposed.

Communication of legislative texts. The Committee notes the Government’s indication that the new civil and penal codes with their procedural laws will be enacted shortly. The Committee requests the Government to provide information on any progress made with regard to the adoption of the civil and penal codes, and to supply copies once they have been adopted.

Repetition

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that several provisions of Press Proclamation No. 90/1996 establish restrictions on printing and publishing (concerning the printing or reprinting of an Eritrean newspaper or publication without a permit; printing or disseminating a foreign newspaper or publication prohibited from entering Eritrea; publishing inaccurate news or information disturbing public order (section 15(3), (4) and (10))), which are punishable with penalties of imprisonment. Under the terms of section 110 of the Transitional Penal Code of 1991, persons convicted to imprisonment are subject to the obligation to work in prison. The Government indicated that expressing a political opinion or belief did not constitute a crime in Eritrea and that since independence, no citizen had been detained for expressing his or her opinion or for criticizing the Government. With regard to religious freedom, the Government referred to Proclamation No. 73/1995 respecting religious institutions and activities and indicated that no interference was allowed in the exercise of the rights of any religion or creed on condition that they are not used for political purposes and are not prejudicial to public order or morality. In this regard, the Committee noted that the United Nations Human Rights Council, in its resolution on the situation of human rights in Eritrea of June 2017, expressed its “deep concern at the severe restrictions on the right to freedom to hold opinions without interference, freedom of expression, including the freedom to seek, receive and impart information, liberty of movement, freedom of thought, conscience and religion, and freedom of peaceful assembly and association, and at the detention of journalists, human rights defenders, political actors, religious leaders and practitioners in Eritrea” (A/HRC/RES/35/35). It also noted that in the context of the Working Group on the Universal Periodic Review, the Government accepted the recommendations of certain countries encouraging it to “reform legislation in the area of the right to freedom of conscience and religion”; ensure that “the rights of all its people to freedom of expression, religion, and peaceful assembly are respected”; and take the “necessary measures to ensure respect for human rights, including the rights of women, political rights, the rights of persons in detention and the right of freedom of expression as it pertains to the press and other media” (A/HRC/26/13/Add.1). The Committee hoped that the Government would take all the necessary measures to ensure that the legislation currently in force, as well as any legislation concerning the exercise of the rights and freedoms under preparation, did not contain any provision which could be used to punish the expression of political opinions or views ideologically opposed to the established political, social or economic system, or the practice of a religion, through the imposition of a sentence of imprisonment under which labour could be imposed.

The Committee notes that the Government, in its report, reiterates its statement that no citizens were arbitrarily arrested for expressing their political opinion or belief nor did any courts impose prison sentences for expressing one’s views or for criticizing the Government. In this regard, the Committee notes that the Human Rights Committee, in its concluding observations under the International Covenant on Civil and Political Rights of May 2019, expressed its concern about reports of ongoing arrest and detention of persons for merely expressing their opinion, including political figures, journalists and religious and community leaders (CCPR/C/ERI/CO/1, para, 39). Moreover, the United Nations Special Rapporteur, in her statement of October 2020 on the situation of human rights in Eritrea, referred to numerous cases of arrests and prolonged imprisonment of journalists and writers for being critical of the Government, as well as individuals and religious communities because of their faith and belief. She stated that Eritrea continues to severely restrict civil liberties and that independent human rights defenders, journalists and political opposition groups cannot work freely in the country. The Committee further notes the Government’s indication that a new civil and penal code and other related codes with their procedural laws have been concluded and will be enacted shortly.

The Committee recalls that the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social or economic system by prohibiting the imposition of penalties which may involve compulsory labour, including sentences of imprisonment including compulsory labour. Freedom of opinion, belief and expression are exercised through various rights, such as the right of assembly and association and freedom of the press. The exercise of these rights enables citizens to secure the dissemination and acceptance of their views, or to practice their religion. While recognizing that certain limitations may be imposed on these rights as a safeguard for public order to protect society, such limitations must be strictly within the framework of the law. In light of these considerations, the Committee urges the Government to take the necessary measures, both in law and in practice, to ensure that no penalties involving compulsory labour are imposed for the peaceful expression of views ideologically opposed to the established political, social or economic system or the practice of a religion, for example by clearly restricting the scope of the provisions under Press Proclamation No. 90/1996 and Proclamation No. 73/1995 to situations connected with the use of violence, or by repealing penalties involving compulsory prison labour. The Committee requests the Government to provide information on any progress made in this regard, as well as information on the application in practice of the provisions of the above Proclamations, with an indication of the acts which gave rise to conviction and the type of penalties imposed.

Article 1(b). Compulsory national service for purposes of economic development. In its previous comments, the Committee referred to its observation concerning the Forced Labour Convention, 1930 (No. 29), in relation to the broad range of types of work exacted from the population as a whole in the context of compulsory national service, as set out in the Proclamation on National Service No. 82 of 1995 and the 2002 Declaration on the “Warsai Yakaalo” Development Campaign. The Committee recalled that this national service obligation, to which all citizens between the ages of 18 and 40 years are subject for an indeterminate period of time, has the objectives of the reconstruction of the country, action to combat poverty and the reinforcement of the national economy and, consequently, is clearly in contradiction with the objective of this Convention which, in Article 1(b), prohibits recourse to compulsory labour “as a method of mobilizing and using labour for purposes of economic development”. It therefore strongly urged the Government to take the necessary measures without delay for the elimination in law and practice of any possibility of using compulsory labour in the context of national service as a method of mobilizing labour for the purposes of economic development.

The Committee notes that the Conference Committee for the Application of Standards concerning the application of the Forced Labour Convention, 1930 (No. 29), in its conclusions adopted in June 2018, noted the Government’s statement that the “Warsai Yakaalo” Development Campaign was no longer in force, and that a number of conscripts had been demobilized and were under the civil service with an adequate salary. The Committee also notes that the Conference Committee urged the Government to amend or revoke the Proclamation on National Service, bring an end to forced labour, ensure the cessation of the use of conscripts for the exaction of forced labour in line with the Convention, and avail itself without delay of ILO technical assistance.

Referring to the ILO Technical Advisory mission report of July 2018, the Committee notes a consensus prevailing among the various interlocutors the mission met with that it was important to understand the context of the national service with respect to any engagement with Eritrea. This context included the fact that the obligation of every citizen to undertake national service had to be seen in the light of the situation of “no war, no peace” which had been devastating for the country, and that national service had been part of the Eritrean national struggle for liberation even though national service of an indefinite duration had never been on the Government’s agenda. While recognizing that many Eritreans were willing to be part of the national service, which was not intended to be “indefinite”, and that national service was essential not only to ensuring the development of the country but also to ensuring its very existence, the Committee notes that the mission was of the view that national service could not be considered as a case of “force majeure”, and that the exceptions set out by the Convention No. 29 could not apply to forced labour exacted for economic development purposes for an indefinite period of time. Moreover, a range of stakeholders indicated to the mission that in light of the recent peace treaty between Eritrea and Ethiopia, the compulsory nature of the national service would no longer be justified and demobilization was expected to happen, even though no precise date has been specified.

The Committee notes the Government’s statement in its report that Eritrea is in the process of implementing fundamental nation-building principles, and attaches great importance to such principles, which entail creating and expanding national wealth through knowledge-based well-organized productive work, and ensuring equitable distribution of resources and opportunities. If some major tasks such as water supply for all, revival of transport and communication infrastructure, green power generation and electricity supply, housing projects, modern health and education infrastructure are properly implemented, this could lead to wider chances of job creation and employment opportunities for people. It recognizes that the proven commitment, full participation of the people and their relentless toil and resilience is necessary to transform the old traditional subsistence economy to a developed industrial economy and to bring sustainable change to the quality of life of the people. In this respect, people are called upon to carry out economic reconstruction activities, such as reforestation, soil and water conservation and food securing programmes. The Government reiterates that no forced or compulsory labour is used and that the practice of exaction of various kinds of labour from the population is only limited in scope so as to be compatible with the Convention.

In addition, the Committee notes that, in its concluding observations of May 2019, the Human Rights Committee expressed concern about allegations that national service conscripts are deployed for labour in various posts including mining and construction plants owned by private companies, while receiving very little or no salary (CCPR/C/ERI/CO/1, paragraph 37).

The Committee recalls that the prohibition laid down in Article 1(b) of this Convention applies even where recourse to forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development is of temporary or exceptional nature. The Committee further emphasizes that no exceptions to universally recognized human rights should be sought in the name of development (paragraph 308 of the 2012 General Survey on the fundamental Conventions). The Committee therefore urges the Government to take the necessary measures, without delay, to eliminate both in law and practice, the use of compulsory labour in the context of national service as a method of mobilizing labour for the purposes of economic development. In this respect, noting the Government’s indication to the members of the technical advisory mission of its willingness to avail itself of ILO technical assistance, the Committee strongly encourages the Government to collaborate with the ILO by continuing to avail itself of ILO technical assistance in its efforts to bring its law and practice into compliance with the provisions of the Convention. The Committee requests the Government to provide information on the measures taken as well as on any progress made in this regard.

Repetition

Article 1(d) of the Convention. Penalties involving compulsory labour for participating in strikes. The Committee previously noted that, pursuant to Labour Proclamation No. 118/2001, participation in unlawful strikes is considered an unfair labour practice (Article 119(8)) and is punishable with fines (Article 156), unless, in certain cases, the provisions of the Penal Code provide for more severe penalties (Article 154). Under Articles 412 and 413 of the Transitional Penal Code of 1991, participation in strikes by public servants with the intention of disturbing public order or the public interest is punishable with imprisonment. Moreover, under Article 110 of the Transitional Penal Code, persons who are convicted to imprisonment are subject to the obligation to work in prison. While noting the Government’s indication that Article 413 of the Transitional Penal Code is only applicable in cases of participation in unlawful strikes, the Committee recalls that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike (see General Survey on the fundamental Conventions, 2012, paragraph 315).

In its report, the Government once again indicates that Article 413 of the Transitional Penal Code is only applicable to persons who participate in unlawful strikes and that it does not concern workers organizing a peaceful strike. The Government considers that the right to strike is one of the essential means available to workers and their organizations to further their interests. It adds that no civil servant in Eritrea can be punished with imprisonment involving an obligation to work under Articles 412 and 413 of the Transitional Penal Code. However, the participation in strikes by public servants with the intention of disturbing public order or the public interest may be punishable by simple imprisonment or a fine.

The Committee notes this information and the fact that none of the provisions referred to above has been applied in practice as no strike has been declared. The Committee nevertheless draws the Government’s attention to the fact that a strike may be declared unlawful for reasons relating to lack of compliance with certain procedural requirements, without those organizing it and participating in it jeopardizing public order or the strike losing its peaceful nature. Furthermore, the provisions of Article 413 (disorganization of the service by striking), by referring to disturbing public order or state services, may be broadly interpreted and serve as a basis for the imposition, for participation in a strike, of sentences of imprisonment under which, in accordance with Article 110 of the Transitional Penal Code, work may be imposed. The Committee therefore expresses the firm hope that the Government will take the necessary measures, particularly in the context of the new Penal Code, to ensure that the legislation does not contain provisions which could be used by the courts to convict persons organizing or participating peacefully in a strike to sentences of imprisonment.

Communication of legislative texts. The Committee notes the Government’s indication that the process of the revision of the transitional legislative texts in the country was completed in May 2015 and that the new Penal Code will be communicated once it is published. Noting that the Government does not refer in its report to any provision of the new Penal Code, the Committee requests it to specify whether the new Code has entered into force and, if so, to provide a copy. It also once again requests the Government to provide copies of the provisions implementing the Constitution and governing political parties.

Repetition

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2018 and requests the Government to provide its comments in this respect.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that no prison sentences (under the terms of which compulsory labour may be required) are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. In this respect, it noted that several provisions of Press Proclamation No. 90/1996 establish restrictions on printing and publishing (concerning the printing or reprinting of an Eritrean newspaper or publication without a permit; printing or disseminating a foreign newspaper or publication prohibited from entering Eritrea; publishing inaccurate news or information disturbing public order (article 15(3), (4) and (10))), which are punishable with penalties of imprisonment. Under the terms of article 110 of the Transitional Penal Code of 1991, persons convicted to imprisonment are subject to the obligation to work in prison. The Committee noted in this regard that, in her May 2014 report, the United Nations Special Rapporteur on the situation of human rights in Eritrea indicated that violations of rights, such as infringements of freedom of expression and opinion, assembly, association and religious belief, were still as numerous.

The Committee notes the Government’s indication in its report that it is well known that expressing a political opinion or belief is not a crime in Eritrea. Since independence, no citizen has been detained for expressing his or her opinion or for criticizing the Government. The only restrictions on freedom of expression are related to the rights of others, morality, sovereignty and national security. The Government refers to the 1997 Constitution which not only protects fundamental freedoms, such as freedom of expression and opinion, assembly, association and religious belief, but also provides judicial and administrative remedies in case of violation. With regard to religious freedom, the Government refers to Proclamation No. 73/1995 respecting religious institutions and activities and indicates that no interference is allowed in the exercise of the rights of any religion or creed on condition that they are not used for political purposes and are not prejudicial to public order or morality. The Committee also notes the Government’s view that the situation described in the report of the United Nations Special Rapporteur on the situation of human rights in Eritrea is misrepresented and that several of the allegations contained in the report, to which the Committee referred, are untrue.

The Committee notes that, in its latest resolution on the situation of human rights in Eritrea, adopted in June 2017, the United Nations Human Rights Council expresses its “deep concern at the severe restrictions on the right to freedom to hold opinions without interference, freedom of expression, including the freedom to seek, receive and impart information, liberty of movement, freedom of thought, conscience and religion, and freedom of peaceful assembly and association, and at the detention of journalists, human rights defenders, political actors, religious leaders and practitioners in Eritrea” (A/HRC/RES/35/35). The Committee also notes that, in the context of the Working Group on the Universal Periodic Review, the Government accepted the recommendations of certain countries encouraging it to “reform legislation in the area of the right to freedom of conscience and religion”; ensure that “the rights of all its people to freedom of expression, religion, and peaceful assembly are respected”; and take the “necessary measures to ensure respect for human rights, including the rights of women, political rights, the rights of persons in detention and the right of freedom of expression as it pertains to the press and other media” (A/HRC/26/13/Add.1).

The Committee recalls that the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social or economic system by prohibiting the imposition of penalties which may involve compulsory labour, including sentences of imprisonment including compulsory labour. Freedom of opinion, belief and expression are exercised through various rights, such as the right of assembly and association and freedom of the press. The exercise of these rights enables citizens to secure the dissemination and acceptance of their views, or to practice their religion. While recognizing that certain limitations made be imposed on these rights as a safeguard for public order to protect society, such limitations must be strictly within the framework of the law. In light of these considerations, the Committee expresses the firm hope that the Government will take all the necessary measures to ensure that the legislation that is currently in force, as well as any legislation that is being prepared concerning the exercise of the rights and freedoms referred to above, does not contain any provision which could be used to punish the expression of political opinions or views ideologically opposed to the established political, social or economic system, or the practice of a religion, through the imposition of a sentence of imprisonment under which labour could be imposed (as is the case for sentences of imprisonment in Eritrea). In this regard, the Committee requests the Government to provide information on any sentences of imprisonment imposed for violations of the provisions of the Press Proclamation (No. 90/1996) or Proclamation No. 73/1995 respecting religious institutions and activities, with an indication of the acts which gave rise to conviction to such penalties.

Article 1(b). Compulsory national service for purposes of economic development. The Committee refers to its observation concerning the Forced Labour Convention, 1930 (No. 29), in relation to the broad range of types of work exacted from the population as a whole in the context of compulsory national service, as set out in the Proclamation on National Service No. 82 of 1995 and the 2002 Declaration on the “Warsai Yakaalo” Development Campaign. The Committee expresses deep concern at the absence of progress in law and practice to circumscribe the obligation of service within the limits authorized by the two forced labour Conventions. It recalls that this national service obligation, to which all citizens between the ages of 18 and 40 years are subject for an indeterminate period of time, has the objectives of the reconstruction of the country, action to combat poverty and the reinforcement of the national economy and, consequently, is in blatant contradiction with the objective of this Convention which, in Article 1(b), prohibits recourse to compulsory labour “as a method of mobilising and using labour for purposes of economic development”. The Committee therefore strongly urges the Government to take the necessary measures without delay for the elimination in law and practice of any possibility of using compulsory labour in the context of national service as a method of mobilizing labour for the purposes of economic development.

Repetition

Article 1(d) of the Convention. Penalties involving compulsory labour for participating in strikes. The Committee previously noted that, pursuant to Labour Proclamation No. 118/2001, participation in unlawful strikes is considered an unfair labour practice (Article 119(8)) and is punishable with fines (Article 156), unless, in certain cases, the provisions of the Penal Code provide for more severe penalties (Article 154). Under Articles 412 and 413 of the Transitional Penal Code of 1991, participation in strikes by public servants with the intention of disturbing public order or the public interest is punishable with imprisonment. Moreover, under Article 110 of the Transitional Penal Code, persons who are convicted to imprisonment are subject to the obligation to work in prison. While noting the Government’s indication that Article 413 of the Transitional Penal Code is only applicable in cases of participation in unlawful strikes, the Committee recalls that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike (see General Survey on the fundamental Conventions, 2012, paragraph 315).

In its report, the Government once again indicates that Article 413 of the Transitional Penal Code is only applicable to persons who participate in unlawful strikes and that it does not concern workers organizing a peaceful strike. The Government considers that the right to strike is one of the essential means available to workers and their organizations to further their interests. It adds that no civil servant in Eritrea can be punished with imprisonment involving an obligation to work under Articles 412 and 413 of the Transitional Penal Code. However, the participation in strikes by public servants with the intention of disturbing public order or the public interest may be punishable by simple imprisonment or a fine.

The Committee notes this information and the fact that none of the provisions referred to above has been applied in practice as no strike has been declared. The Committee nevertheless draws the Government’s attention to the fact that a strike may be declared unlawful for reasons relating to lack of compliance with certain procedural requirements, without those organizing it and participating in it jeopardizing public order or the strike losing its peaceful nature. Furthermore, the provisions of Article 413 (disorganization of the service by striking), by referring to disturbing public order or state services, may be broadly interpreted and serve as a basis for the imposition, for participation in a strike, of sentences of imprisonment under which, in accordance with Article 110 of the Transitional Penal Code, work may be imposed. The Committee therefore expresses the firm hope that the Government will take the necessary measures, particularly in the context of the new Penal Code, to ensure that the legislation does not contain provisions which could be used by the courts to convict persons organizing or participating peacefully in a strike to sentences of imprisonment.

Communication of legislative texts. The Committee notes the Government’s indication that the process of the revision of the transitional legislative texts in the country was completed in May 2015 and that the new Penal Code will be communicated once it is published. Noting that the Government does not refer in its report to any provision of the new Penal Code, the Committee requests it to specify whether the new Code has entered into force and, if so, to provide a copy. It also once again requests the Government to provide copies of the provisions implementing the Constitution and governing political parties.

Repetition

Article 1(d) of the Convention. Sanctions involving compulsory labour for participating in strikes. The Committee previously noted that, pursuant to the Labour Proclamation of Eritrea (No. 118/2001), participation in unlawful strikes shall be considered as an unfair labour practice (section 119(8)) and shall be punishable with fines (section 156), unless the provisions of the Penal Code provide for more severe penalties (section 154). The Committee also noted that, under sections 412 and 413 of the Transitional Penal Code of Eritrea, participation in strikes of public servants with the intention of disturbing public order or the public interest is punishable with imprisonment (which involves an obligation to work).

The Committee notes the information provided by the Government with regard to the requirements for declaring or conducting a lawful strike, as well as its indication that section 413 of the Transitional Penal Code is only applicable in cases of participation in unlawful strikes. The Committee also notes the Government’s repeated statement that no strikes have taken place in the country and, therefore, the above provisions have not been applied in practice thus far. Referring to paragraph 315 of its 2012 General Survey on the fundamental Conventions, the Committee recalls that, in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike. The Committee expresses the firm hope that the necessary measures will be taken, in the context of the adoption of the new Penal Code, in order to ensure that persons organizing or peacefully participating in a strike are not liable to imprisonment involving an obligation to work. The Committee requests the Government to provide, in its next report, information on progress made in this regard.

Communication of texts. The Committee notes the Government’s indication that it is currently at the final stage of drafting the new Civil, Penal, Commercial, Maritime, Civil Procedure and Criminal Procedure Codes. The Committee reiterates its hope that the Government will not fail to provide copies of the new Codes once they are adopted. The Committee once again requests the Government to supply a copy of the law governing political parties, as well as any provisions governing labour discipline in merchant shipping.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that, under article 26 of the Constitution of Eritrea, certain fundamental rights and freedoms guaranteed under the Constitution may be limited in the interests of national security, public safety or the economic well-being of the country, for the prevention of public disorder, etc. It also noted that, under certain provisions of the Press Proclamation (No. 90/1996), violations of restrictions on printing and publishing (that is, printing or reprinting of an Eritrean newspaper or publication which does not have a permit; printing or disseminating a foreign newspaper or publication which has been prohibited from entry into Eritrea; publishing inaccurate news or information disrupting general peace – section 15(3), (4) and (10)), are punishable with penalties of imprisonment, which involve an obligation to work pursuant to section 110 of the Transitional Penal Code of 1991.

In this regard, the Committee notes the Government’s repeated statement that no restrictions have been imposed on fundamental rights and freedoms thus far. It also notes the information provided by the Government with regard to legislative provisions which guarantee, for example, freedom of assembly and religion, as well as the right to a fair trial.

The Committee notes, however, that in her report of May 2014, the UN Special Rapporteur on the situation of human rights in Eritrea states that human rights violations such as infringements to freedom of expression and opinion, assembly, association and religious belief continue unabated. The Special Rapporteur highlights, for example, that over 50 people were arbitrarily arrested and detained in the aftermath of the attempted coup d’état in January 2013, and that these individuals remain incommunicado. She also points out that, to date, no information has been provided by the Government with regard to the situation of the 11 high-profile politicians and ten independent journalists who were arrested for publicly opposing the policy of the President in 2001 (A/HRC/26/45, paragraphs 20–22).

With reference to paragraph 302 of its 2012 General Survey on the fundamental Conventions, the Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour “as a means of political coercion or education, or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system”. Therefore, the range of activities which must be protected from punishment involving forced or compulsory labour under this provision comprise the freedom to express political or ideological views, as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. In light of the above considerations, the Committee urges the Government to take the necessary measures to ensure that no prison sentences involving compulsory labour are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee also expresses the firm hope that measures will be taken, in the context of the current legislative review process, to bring the above provisions of the Press Proclamation (No. 90/1996) into conformity with the Convention. Please provide information on the progress made in this regard.

Article 1(b). Compulsory national service for purposes of economic development. The Committee refers to its comments concerning compulsory national service addressed to the Government under the Forced Labour Convention, 1930 (No. 29), in which it pointed out that the systematic and widespread conscription of the population in order to perform compulsory labour for an indefinite period of time within the framework of the national service programme is incompatible both with Conventions Nos 29 and 105, which prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. The Committee therefore urges the Government to take the necessary measures in order to eliminate, both in law and in practice, any possibility of using compulsory labour in the context of national service as a means of mobilizing labour for purposes of economic development.