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Article 2(1) of the Convention. Scope of application. Self-employment. The Committee previously noted that the provisions in Labour Proclamation No. 118/2001 (Labour Proclamation) concerning the minimum age were applicable only in the context of a contract of employment, and therefore appeared to exclude self-employed workers from the application of these provisions. However, it also noted the Government’s indication that the Ministry of Labour and Human Welfare intended to introduce a programme with regard to self‑employment. The Committee expressed the hope that this programme would ensure that self-employed children benefited from the protection laid down in the Convention, and requested information on progress made in this regard.

The Committee notes the information in the Government’s report that, due to financial constraints, no programme on self-employment has yet been undertaken. The Government indicates that a programme in this regard will be contemplated once funding is available. The Committee reminds the Government that the Convention applies to all types of employment or work, whether or not it is performed on the basis of an employment contract. In this regard, the Committee requests the Government to take the necessary measures to ensure that children working outside of an employment relationship, such as those working on a self-employed basis, benefit from the protection afforded by the Convention. It also requests the Government to provide information on any measures taken or envisaged in this respect, including through the Ministry of Labour and Human Welfare’s programme on self-employment.

Article 2(3) and (4). Age of completion of compulsory schooling and minimum age for admission to employment. The Committee previously noted that the Labour Proclamation establishes a minimum age for admission to employment of 14 years, the age specified by the Government upon ratification. The Committee also noted the Government’s intention to render education compulsory until middle school. The Committee requested the Government to provide information on progress made in this regard.

The Committee notes the statement in the Government’s report that education is compulsory for eight years (five years of elementary school and three years of middle school). The Government indicates that children start elementary education at the age of 6 years, and therefore complete compulsory education at 14 years, the minimum age for admission to work. While taking due note of this information, the Committee also notes the information in the UNESCO report of 2010 entitled “Education for All: Global Monitoring Report” that, in 2007, the net enrolment rate in primary education was only 41 per cent, and that there were approximately 349,000 children of primary-school age who were not in school. The UNESCO report further indicates that the survival rate to the last grade of primary school was 60 per cent in 2006, a significant decline from the 95 per cent survival rate in 1999. The Committee expresses its concern at the low school enrolment rates, in addition to the significant number of children who leave school prior to completing primary education. Considering that education is one of the most effective means of combating child labour, the Committee urges the Government to improve the functioning of the education system, so as to increase school enrolment rates and reduce school drop-out rates. It requests the Government to provide information on the measures taken in this regard, and on the results achieved.

Article 3(2). Determination of the types of hazardous work. The Committee previously noted that, under section 69(1) of the Labour Proclamation, the Minister may, by regulation, issue a list of activities prohibited to young employees, including apprentices, which shall in particular include work in docksides and warehouses involving heavy weight lifting, work connected with toxic chemicals, dangerous machines, underground work, work in sewers and digging tunnels. The Committee further noted that such a regulation on hazardous work had been drafted and finalized, following consultation with the social partners.

The Committee notes the Government’s indication that this draft regulation has yet to be adopted. The Committee observes that the Government has been referring to the upcoming adoption of this list since 2007, and reminds the Government that, by virtue of Article 3(2) of the Convention, the hazardous types of employment or work shall be determined by national laws or regulations or by the competent authority. The Committee therefore requests the Government to take the necessary measures to ensure, in the very near future, the adoption of the regulation pursuant to section 69(1) of the Labour Proclamation, containing a list of hazardous activities prohibited to persons under the age of 18. It requests the Government to provide a copy of this regulation, once adopted.

Article 6. Apprenticeship. In its previous comments, the Committee noted that the general minimum age of 14 years applied for admission to apprenticeships. It also noted that pursuant to section 38 of the Labour Proclamation, the Minister may issue regulations to supervise the conditions of training of apprentices. The Committee further noted that while no such regulation had been issued, the Government indicated that a regulation pertaining to the training of apprentices was envisaged. The Committee notes the Government’s statement that no regulation has yet been issued pursuant to section 38 of the Labour Proclamation. However, the Government indicates that it does intend to issue a regulation concerning the training of apprentices in the future. The Committee once again requests the Government to provide a copy of the regulation on the training of apprentices once adopted.

Article 7. Light work. The Committee previously observed that the legislation in force contained no exception for light work for children below the minimum age of 14 years. It also noted the Government’s statement in its report to the Committee on the Rights of the Child (CRC) of 23 December 2002 that the Constitution Commission had indicated that there should be statutory regulations on how many hours children work (light work and after school hours) in addition to the types of work which should not be performed (CRC/C/41/Add.12, paragraph 40).

The Committee notes the Government’s statement that no measures have been taken regarding the regulation of light work activities or the determination of light work conditions. It also notes the Government’s statement that, in practice, some children from the age of 12 are engaged in part-time work, such as the distribution of newspapers or the selling of food items. In light of this information, the Committee recalls that by virtue of Article 7(1) and (4), of the Convention, national laws or regulations may permit children from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance in school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Furthermore, pursuant to Article 7(3) of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee therefore encourages the Government to take the necessary measures to determine light work activities that may be undertaken by children between 12 and 14 years of age, and to determine the number of hours which, and the conditions in which, light work may be undertaken.

Article 9(3). Keeping of registers by employers. The Committee previously noted that, pursuant to section 20(7) and 10(1) of the Labour Proclamation, employers were required to keep a register, but that the register that was required did not include the names and ages or dates of birth of persons employed who are under 18 years. However, the Committee noted the Government’s indication that this issue would be addressed in an upcoming regulation that would be adopted pursuant to section 69(1) of the Labour Proclamation relating to hazardous work. The Committee expressed the firm hope that the regulation would be adopted in the near future.

The Committee notes the Government’s statement that the Ministry of Labour and Human Welfare is currently undertaking studies in preparation for developing a regulation on employers’ registers. The Committee recalls that Article 9(3) of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are under 18 years of age. The Committee therefore requests the Government to take the necessary measures to ensure that the regulation concerning the registers kept by employers is elaborated and adopted in the near future. It requests the Government to provide a copy of this regulation, once adopted.

Parts III and V of the report form. Labour inspection and practical application of the Convention. Following its previous comments, the Committee notes the Government’s statement that there is a need for further awareness-raising on child labour issues, in addition to a need to build the capacity of governmental staff for the effective application of the Convention. The Committee also notes the Government’s statement that there have been no reported cases of child labour through the labour inspection system. The Government’s report further states that the information from the public prosecutor’s office indicates that there have not been any court cases filed relating to child labour.

However, the Committee notes that the CRC, in its concluding observations of 23 June 2008, expressed concern regarding widespread child labour, over the lack of comprehensive measures to ensure that children are protected from economic exploitation and due to the lack of data concerning the child labour situation in the country (CRC/C/ERI/CO/3, paragraphs 18 and 74). The Committee expresses its concern over the situation of widespread child labour in the country, as well as the weak enforcement of the Convention, and accordingly urges the Government to redouble its efforts to improve this situation, including through measures to strengthen the capacity of the labour inspection system. It requests the Government to provide information on the concrete measures taken in this respect, and on the results achieved. The Committee further requests the Government to take the necessary measures to ensure that sufficient data on the situation of children involved in economic activity is available and invites the Government to provide such data when it becomes available.

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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:

Article 2, paragraph 1, of the Convention. Self-employment. The Committee had previously noted that section 9 of Labour Proclamation No. 118/2001 is applicable to a contract of employment and that the Labour Proclamation therefore appears to exclude self-employment from its application. The Committee had recalled that the Convention applies not only to work under an employment contract, but to all types of work or employment. It notes the Government’s information that the Ministry of Labour and Human Welfare is striving to introduce a programme with regard to self-employment in the near future. The Committee trusts that the programme on self-employment envisaged by the Ministry of Labour and Human Welfare will ensure that self-employed children benefit from the protection laid down in the Convention. It requests the Government to provide more detailed information on the abovementioned programme and on any progress made in this regard.

Article 2, paragraphs 3 and 4. Age of completion of compulsory schooling and minimum age for admission to employment. The Committee had previously noted that the minimum age for admission to employment or work specified by the Government when ratifying the Convention is 14 years. It had noted that according to section 68(1) of Labour Proclamation No. 118/2001, the minimum age for admission to employment in Eritrea is 14 years. It had also noted that section 13.1.2(a) of the Macro-Policy dated November 1994, established by the Government and submitted to the Committee on the Rights of the Child, provided that universal primary education up to 7 years would gradually be made available to all, but that it did not refer to the compulsory nature of education. The Committee had recalled that the Convention provides that the minimum age specified for admission to employment or work shall not be less than the age of completion of compulsory schooling and had considered that it is important that a country which does not have a system of compulsory education should take urgent steps to fill that gap. The Committee had also expressed its view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. The Committee notes the Government’s information that the Ministry of Education has declared a comprehensive transformation of the education system through the Concept Paper for a Rapid Transformation of the Eritrean Educational System of 2002, according to which it is envisaged to render education compulsory until middle school, i.e. until children reach the age of 14 years. According to the information available to the Office, a five-year Education Sector Investment Programme was developed in 2003 pursuant to the Concept Paper, which was in turn developed into the Education Development Programme in 2005. The Committee requests the Government to provide information on progress made in reforming the education system and, more specifically, in making education compulsory for children until middle school.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of the types of hazardous work. The Committee had previously noted that section 9(2) of Labour Proclamation No. 118/2001 provides that no contract of employment shall be enforceable against a person below the age of 18, if it is determined to be prejudicial to the interests of that person. It had drawn the Government’s attention to Article 3(1) of the Convention according to which the minimum age for admission to any type of employment or work which is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee had also noted that, under section 69(1) of Labour Proclamation No. 118/2001, the Minister may, by regulation, issue a list of activities prohibited to young employees, including apprentices, which shall in particular include work in docksides and warehouses involving heavy weight lifting, work connected with toxic chemicals, dangerous machines, underground work, work in sewers and digging tunnels. The Committee notes the Government’s information that a regulation was drafted to ensure that the employment of young persons under 18 years of age in work which can jeopardize their health, safety or morals is prohibited. The draft regulation also includes a list of hazardous workplaces. The Government indicates that, after consultation with the social partners, the Ministry of Labour and Human Welfare has finalized the draft regulation. The Committee requests the Government to provide a copy of the regulation on hazardous work as soon as it is adopted.

Article 6. Apprenticeship. In its previous comments, the Committee had noted that section 33 of Labour Proclamation No. 118/2001 provides that a contract of apprenticeship shall be in writing and shall include at least: the vocational training an apprentice will get; the duration of apprenticeship; and whether pocket money is to be paid to an apprentice. It had also noted that under section 38 of the same Labour Proclamation, the Minister may issue regulations to supervise the conditions of training of apprentices. The Committee notes with interest the Government’s information that the minimum age required for engagement in an apprenticeship is the same as the minimum age specified for all types of employment or work, i.e. 14 years, as provided by section 68(1) of Labour Proclamation No. 118/2001. It also notes the Government’s indication that no regulation has yet been issued pursuant to section 38 of the Labour Proclamation, but that a regulation pertaining to the training of apprentices is currently envisaged. The Committee requests the Government to provide information on progress made in the elaboration of the regulation on the training of apprentices and to supply a copy of it as soon as it is adopted.

Article 7. Light work. In its previous comments, the Committee had noted that section 140 of Labour Proclamation No. 118/2001 provides that the Minister may issue regulations or directives in respect of activities concerning young employees, which is to say persons above the age of 14 and below the age of 18 years, by virtue of section 3(3) of Labour Proclamation No. 118/2001. The Committee had observed that it seems that the legislation in force contains no exception for light work for children below the minimum age of 14 years. It had nevertheless noted the statement contained in the initial report of Eritrea of 23 December 2002 submitted to the Committee on the Rights of the Child that the Constitution Commission had raised the point for community discussions that there should be statutory regulations on how many hours children work (light work and after school hours), and the types of work which should not be performed (CRC/C/41/Add.12, paragraph 40, under “Child labour”). The Committee had recalled that Article 7(4) of the Convention provides that national laws or regulations may permit children from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee had also recalled that according to Article 7(3) of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting the lack of information on this point in the Government’s report, the Committee once again requests the Government to continue providing information on the statutory regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from 12 years and above.

Article 9, paragraph 3. Keeping of registers by employers. The Committee had previously noted that section 20 of Labour Proclamation No. 118/2001 provides for the obligations of an employer, which include the keeping of a register containing the relevant particulars specified in section 10(1). It had also noted that section 10(1) of the Labour Proclamation does not contain any requirement to include in the register the names and ages or dates of birth of persons employed who are under 18 years. The Committee had recalled that Article 9(3) of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are under 18 years of age. The Committee notes the Government’s information that this issue will be addressed in an upcoming regulation that will be adopted pursuant to section 69(1) of the Labour Proclamation relating to hazardous work. The Committee trusts that the upcoming regulation on the registers of employers will ensure that they are kept in conformity with Article 9(3) of the Convention. It expresses the firm hope that the regulation will be adopted in the near future and requests the Government to provide information on any progress made in this regard.

Part V of the report form. Practical application of the Convention. Noting the lack of information on this point in the Government’s report, the Committee requests the Government to provide information on the manner in which the Convention is applied including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of violations detected involving children and young persons.

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Article 2, paragraph 1, of the Convention. Self-employment. The Committee had previously noted that section 9 of Labour Proclamation No. 118/2001 is applicable to a contract of employment and that the Labour Proclamation therefore appears to exclude self-employment from its application. The Committee had recalled that the Convention applies not only to work under an employment contract, but to all types of work or employment. It notes the Government’s information that the Ministry of Labour and Human Welfare is striving to introduce a programme with regard to self-employment in the near future. The Committee trusts that the programme on self-employment envisaged by the Ministry of Labour and Human Welfare will ensure that self-employed children benefit from the protection laid down in the Convention. It requests the Government to provide more detailed information on the abovementioned programme and on any progress made in its regard.

Article 2, paragraphs 3 and 4. Age of completion of compulsory schooling and minimum age for admission to employment. The Committee had previously noted that the minimum age for admission to employment or work specified by the Government when ratifying the Convention is 14 years. It had noted that according to section 68(1) of Labour Proclamation No. 118/2001, the minimum age for admission to employment in Eritrea is 14 years. It had also noted that section 13.1.2(a) of the Macro-Policy dated November 1994, established by the Government and submitted to the Committee on the Rights of the Child, provided that universal primary education up to 7 years would gradually be made available to all, but that it did not refer to the compulsory nature of education. The Committee had recalled that the Convention provides that the minimum age specified for admission to employment or work shall not be less than the age of completion of compulsory schooling and had considered that it is important that a country which does not have a system of compulsory education should take urgent steps to fill that gap. The Committee had also expressed its view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. The Committee notes the Government’s information that the Ministry of Education has declared a comprehensive transformation of the education system through the Concept Paper for a Rapid Transformation of the Eritrean Educational System of 2002, according to which it is envisaged to render education compulsory until middle school, i.e. until children reach the age of 14 years. According to the information available to the Office, a five-year Education Sector Investment Programme was developed in 2003 pursuant to the Concept Paper, which was in turn developed into the Education Development Programme in 2005. The Committee requests the Government to provide information on progress made in reforming the education system and, more specifically, in making education compulsory for children until middle school.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of the types of hazardous work. The Committee had previously noted that section 9(2) of Labour Proclamation No. 118/2001 provides that no contract of employment shall be enforceable against a person below the age of 18, if it is determined to be prejudicial to the interests of that person. It had drawn the Government’s attention to Article 3, paragraph 1, of the Convention according to which the minimum age for admission to any type of employment or work which is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. The Committee had also noted that, under section 69(1) of Labour Proclamation No. 118/2001, the Minister may, by regulation, issue a list of activities prohibited to young employees, including apprentices, which shall in particular include work in docksides and warehouses involving heavy weight lifting, work connected with toxic chemicals, dangerous machines, underground work, work in sewers and digging tunnels. The Committee notes the Government’s information that a regulation was drafted to ensure that the employment of young persons under 18 years of age in work which can jeopardize their health, safety or morals is prohibited. The draft regulation also includes a list of hazardous workplaces. The Government indicates that, after consultation with the social partners, the Ministry of Labour and Human Welfare has finalized the draft regulation. The Committee requests the Government to provide a copy of the regulation on hazardous work as soon as it is adopted.

Article 6. Apprenticeship. In its previous comments, the Committee had noted that section 33 of Labour Proclamation No. 118/2001 provides that a contract of apprenticeship shall be in writing and shall include at least: the vocational training an apprentice will get; the duration of apprenticeship; and whether pocket money is to be paid to an apprentice. It had also noted that under section 38 of the same Labour Proclamation, the Minister may issue regulations to supervise the conditions of training of apprentices. The Committee notes with interest the Government’s information that the minimum age required for engagement in an apprenticeship is the same as the minimum age specified for all types of employment or work, i.e. 14 years, as provided by section 68(1) of Labour Proclamation No. 118/2001. It also notes the Government’s indication that no regulation has yet been issued pursuant to section 38 of the Labour Proclamation, but that a regulation pertaining to the training of apprentices is currently envisaged. The Committee requests the Government to provide information on progress made in the elaboration of the regulation on the training of apprentices and to supply a copy of it as soon as it is adopted.

Article 7. Light work. In its previous comments, the Committee had noted that section 140 of Labour Proclamation No. 118/2001 provides that the Minister may issue regulations or directives in respect of activities concerning young employees, which is to say persons above the age of 14 and below the age of 18 years, by virtue of section 3(3) of Labour Proclamation No. 118/2001. The Committee had observed that it seems that the legislation in force contains no exception for light work for children below the minimum age of 14 years. It had nevertheless noted the statement contained in the initial report of Eritrea of 23 December 2002 submitted to the Committee on the Rights of the Child that the Constitution Commission had raised the point for community discussions that there should be statutory regulations on how many hours children work (light work and after school hours), and the types of work which should not be performed (CRC/C/41/Add.12, paragraph 40, under “Child labour”). The Committee had recalled that Article 7, paragraph 4, of the Convention provides that national laws or regulations may permit children from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee had also recalled that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting the lack of information on this point in the Government’s report, the Committee once again requests the Government to continue providing information on the statutory regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from 12 years and above.

Article 9, paragraph 3. Keeping of registers by employers. The Committee had previously noted that section 20 of Labour Proclamation No. 118/2001 provides for the obligations of an employer, which include the keeping of a register containing the relevant particulars specified in section 10(1). It had also noted that section 10(1) of the Labour Proclamation does not contain any requirement to include in the register the names and ages or dates of birth of persons employed who are under 18 years. The Committee had recalled that Article 9, paragraph 3, of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are under 18 years of age. The Committee notes the Government’s information that this issue will be addressed in an upcoming regulation that will be adopted pursuant to section 69(1) of the Labour Proclamation relating to hazardous work. The Committee trusts that the upcoming regulation on the registers of employers will ensure that they are kept in conformity with Article 9, paragraph 3, of the Convention. It expresses the firm hope that the regulation will be adopted in the near future and requests the Government to provide information on any progress made in this regard.

Part V of the report form. Practical application of the Convention. Noting the lack of information on this point in the Government’s report, the Committee requests the Government to provide information on the manner in which the Convention is applied including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of violations detected involving children and young persons.

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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:

Article 2, paragraph 1, of the Convention. Self-employment. The Committee notes that section 9 of the Labour Proclamation, No. 118/2001, is applicable to a contract of employment, which is defined as a written or oral contract entered into by an employee and employer, whereby the employee agrees to render services of a physical or intellectual nature to the employer, under the direction and control of the employer. The Labour Proclamation therefore appears to exclude self-employment from its application. The Committee recalls that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 2, paragraphs 3 and 4. Age of completion of compulsory schooling and minimum age for admission to employment. The Committee notes that the minimum age for admission to employment or work specified by the Government when ratifying the Convention is 14 years. It also notes that according to section 68(1) of Labour Proclamation No. 118/2001, the minimum age for admission to employment in Eritrea is 14 years. The Committee recalls that the Convention provides that the minimum age specified for admission to employment or work shall not be less than the age of completion of compulsory schooling. The Committee notes that section 13.1.2(a) of the Macro-Policy dated November 1994, established by the Government and submitted to the Committee on the Rights of the Child, provides that universal primary education up to seven years will gradually be made available to all, but that it does not refer to the compulsory nature of education. The Committee notes, from this report to the Committee on the Rights of the Child, that primary education has not yet been made compulsory. The Committee considers that the requirement of Article 2(3) of the Convention is fulfilled since the minimum age for employment is not less than the age of completion of compulsory education. The Committee nevertheless considers that it is important that a country which does not have a system of compulsory education should take urgent steps to fill this gap. Indeed, the Committee is of the view that compulsory education is one of the most effective means of combating child labour and that is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of idleness [see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, para. 140]. The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee hopes, therefore that the Government will indicate any development in this regard.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that section 9(2) of the Labour Proclamation No. 118/2001 provides that no contract of employment shall be enforceable against a person below the age of 18, if it is determined to be prejudicial to the interests of that person. The Committee draws the Government’s attention to Article 3, paragraph 1, of the Convention according to which the minimum age for admission to any type of employment or work which is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It would be grateful if the Government would provide information on the measures taken or envisaged to ensure that a person below 18 years cannot occupy a job which jeopardizes his or her health, safety or morals.

Article 3, paragraph 2. Determination of the types of hazardous work. The Committee also notes that under section 69(1) of Labour Proclamation No. 118/2001, the minister may, by regulation, issue a list of activities prohibited to young employees, including apprentices, which shall in particular include work in docksides and warehouses involving heavy weight lifting, work connected with toxic chemicals, dangerous machines, underground work, work in sewers and digging tunnels, etc. The Committee requests the Government to indicate whether any regulation containing a list of hazardous activities has been issued by the minister, as required by Article 3, paragraph 2, of the Convention. If so, it asks the Government to communicate the list of the types of hazardous work and to indicate whether workers’ and employers’ organizations have been previously consulted for the determination of such work.

Article 6. Apprenticeship. The Committee notes that section 3(9) of Labour Proclamation No. 118/2001 provides that a contract of apprenticeship means a contract whereby an apprentice renders services to an employer while acquiring a special skill and receiving an agreed amount of pocket money. It also notes that under section 33 of the same Labour Proclamation, a contract of apprenticeship shall be in writing and shall include at least: the vocational training an apprentice will get; the duration of apprenticeship; and whether pocket money is to be paid to an apprentice. The Committee recalls that Article 6 of the Convention provides that the Convention does not apply to work done by persons of at least 14 years of age in undertakings. The Committee therefore requests the Government to indicate the minimum age for apprenticeships.

The Committee notes that under section 38 of Labour Proclamation No. 118/2001, the minister may issue regulations to supervise the conditions of training of apprentices. It also takes note of the statement of the Government in its report, according to which the formulation of ministerial regulations is done in consultation with employers’ and workers’ organizations, and that, although the advisory board is in the process of being established, in practice consultations are carried out with the social partners concerned. The Committee requests the Government to indicate if the minister has issued regulations concerning the working conditions of apprentices, and if so, to supply a copy. The Committee also requests the Government to indicate whether the advisory board has been established and has been consulted on the ministerial regulations concerning the working conditions of apprentices.

The Committee also requests the Government to provide information on the system of vocational or technical education, and on the conditions prescribed by the competent authorities for any work done by children and young persons as part of vocational or technical education.

Article 7. Light work. The Committee notes that section 140 of Labour Proclamation No. 118/2001 provides that the minister may issue regulations or directives in respect of activities concerning young employees, which is to say persons above the age of 14 and below the age of 18 years (section 3(3) of Labour Proclamation No. 118/2001). It seems that the legislation in force contains no exception for light work for children below the minimum age of 14 years. The Committee nevertheless notes the statement contained in the initial report of Eritrea submitted to the Committee on the Rights of the Child (paragraph 40, under “Child labour”) that the Constitution Commission had raised the point for community discussions that there should be statutory regulations on how many hours children work (light work and after school hours), and the type of work which should not be performed. The Committee recalls that Article 7, paragraph 4, of the Convention provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to continue providing information on the statutory regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from 12 years and above.

Article 9, paragraph 3. Keeping of registers by employers. The Committee notes that section 20 of Labour Proclamation No. 118/2001 provides for the obligations of an employer, which include the keeping of a register containing the relevant particulars specified in section 10(1). Section 10(1) of the Labour Proclamation does not contain any requirement to include in the register the names and ages or dates of birth of persons employed who are less than 18 years. The Committee recalls that Article 9, paragraph 3, of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee therefore requests the Government to take the necessary measures to ensure that employers are obligated to register such information, and to provide information about these measures.

Part V of the report form. Practical application of the Convention. The Committee had previously noted the information provided by the Government in its report according to which no labour inspection reports have so far referred to cases of child labour under the Convention. The Committee, nevertheless, takes note of the information contained in the initial report of Eritrea submitted to the Committee on the Rights of the Child, according to which, in the rural areas, children from about 5 years of age look after livestock and are expected to work in the fields. The Committee also notes that, according to the information provided by the Government in the same report, in towns many children under age work as apprentices in shops, in workshops such as garages or metal workshops, and others do domestic work or work on the streets. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of violations detected involving children and young persons.

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The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. Self-employment. The Committee notes that section 9 of the Labour Proclamation, No. 118/2001, is applicable to a contract of employment, which is defined as a written or oral contract entered into by an employee and employer, whereby the employee agrees to render services of a physical or intellectual nature to the employer, under the direction and control of the employer. The Labour Proclamation therefore appears to exclude self-employment from its application. The Committee recalls that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 2, paragraphs 3 and 4. Age of completion of compulsory schooling and minimum age for admission to employment. The Committee notes that the minimum age for admission to employment or work specified by the Government when ratifying the Convention is 14 years. It also notes that according to section 68(1) of Labour Proclamation No. 118/2001, the minimum age for admission to employment in Eritrea is 14 years. The Committee recalls that the Convention provides that the minimum age specified for admission to employment or work shall not be less than the age of completion of compulsory schooling. The Committee notes that section 13.1.2(a) of the Macro-Policy dated November 1994, established by the Government and submitted to the Committee on the Rights of the Child, provides that universal primary education up to seven years will gradually be made available to all, but that it does not refer to the compulsory nature of education. The Committee notes, from this report to the Committee on the Rights of the Child, that primary education has not yet been made compulsory. The Committee considers that the requirement of Article 2(3) of the Convention is fulfilled since the minimum age for employment is not less than the age of completion of compulsory education. The Committee nevertheless considers that it is important that a country which does not have a system of compulsory education should take urgent steps to fill this gap. Indeed, the Committee is of the view that compulsory education is one of the most effective means of combating child labour and that is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of idleness [see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, para. 140]. The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee hopes, therefore that the Government will indicate any development in this regard.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that section 9(2) of the Labour Proclamation No. 118/2001 provides that no contract of employment shall be enforceable against a person below the age of 18, if it is determined to be prejudicial to the interests of that person. The Committee draws the Government’s attention to Article 3, paragraph 1, of the Convention according to which the minimum age for admission to any type of employment or work which is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It would be grateful if the Government would provide information on the measures taken or envisaged to ensure that a person below 18 years cannot occupy a job which jeopardizes his or her health, safety or morals.

Article 3, paragraph 2. Determination of the types of hazardous work. The Committee also notes that under section 69(1) of Labour Proclamation No. 118/2001, the minister may, by regulation, issue a list of activities prohibited to young employees, including apprentices, which shall in particular include work in docksides and warehouses involving heavy weight lifting, work connected with toxic chemicals, dangerous machines, underground work, work in sewers and digging tunnels, etc. The Committee requests the Government to indicate whether any regulation containing a list of hazardous activities has been issued by the minister, as required by Article 3, paragraph 2, of the Convention. If so, it asks the Government to communicate the list of the types of hazardous work and to indicate whether workers’ and employers’ organizations have been previously consulted for the determination of such work.

Article 6. Apprenticeship. The Committee notes that section 3(9) of Labour Proclamation No. 118/2001 provides that a contract of apprenticeship means a contract whereby an apprentice renders services to an employer while acquiring a special skill and receiving an agreed amount of pocket money. It also notes that under section 33 of the same Labour Proclamation, a contract of apprenticeship shall be in writing and shall include at least: the vocational training an apprentice will get; the duration of apprenticeship; and whether pocket money is to be paid to an apprentice. The Committee recalls that Article 6 of the Convention provides that the Convention does not apply to work done by persons of at least 14 years of age in undertakings. The Committee therefore requests the Government to indicate the minimum age for apprenticeships.

The Committee notes that under section 38 of Labour Proclamation No. 118/2001, the minister may issue regulations to supervise the conditions of training of apprentices. It also takes note of the statement of the Government in its report, according to which the formulation of ministerial regulations is done in consultation with employers’ and workers’ organizations, and that, although the advisory board is in the process of being established, in practice consultations are carried out with the social partners concerned. The Committee requests the Government to indicate if the minister has issued regulations concerning the working conditions of apprentices, and if so, to supply a copy. The Committee also requests the Government to indicate whether the advisory board has been established and has been consulted on the ministerial regulations concerning the working conditions of apprentices.

The Committee also requests the Government to provide information on the system of vocational or technical education, and on the conditions prescribed by the competent authorities for any work done by children and young persons as part of vocational or technical education.

Article 7. Light work. The Committee notes that section 140 of Labour Proclamation No. 118/2001 provides that the minister may issue regulations or directives in respect of activities concerning young employees, which is to say persons above the age of 14 and below the age of 18 years (section 3(3) of Labour Proclamation No. 118/2001). It seems that the legislation in force contains no exception for light work for children below the minimum age of 14 years. The Committee nevertheless notes the statement contained in the initial report of Eritrea submitted to the Committee on the Rights of the Child (paragraph 40, under "Child labour") that the Constitution Commission had raised the point for community discussions that there should be statutory regulations on how many hours children work (light work and after school hours), and the type of work which should not be performed. The Committee recalls that Article 7, paragraph 4, of the Convention provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to continue providing information on the statutory regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from 12 years and above.

Article 9, paragraph 3. Keeping of registers by employers. The Committee notes that section 20 of Labour Proclamation No. 118/2001 provides for the obligations of an employer, which include the keeping of a register containing the relevant particulars specified in section 10(1). Section 10(1) of the Labour Proclamation does not contain any requirement to include in the register the names and ages or dates of birth of persons employed who are less than 18 years. The Committee recalls that Article 9, paragraph 3, of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee therefore requests the Government to take the necessary measures to ensure that employers are obligated to register such information, and to provide information about these measures.

Part V of the report form. Practical application of the Convention. The Committee had previously noted the information provided by the Government in its report according to which no labour inspection reports have so far referred to cases of child labour under the Convention. The Committee, nevertheless, takes note of the information contained in the initial report of Eritrea submitted to the Committee on the Rights of the Child, according to which, in the rural areas, children from about 5 years of age look after livestock and are expected to work in the fields. The Committee also notes that, according to the information provided by the Government in the same report, in towns many children under age work as apprentices in shops, in workshops such as garages or metal workshops, and others do domestic work or work on the streets. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of violations detected involving children and young persons.

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The Committee notes the information supplied by the Government in its first report. The Committee would like to draw the Government’s attention to the following points.

Article 2, paragraph 1, of the Convention. Self-employment. The Committee notes that section 9 of the Labour Proclamation, No. 118/2001, is applicable to a contract of employment, which is defined as a written or oral contract entered into by an employee and employer, whereby the employee agrees to render services of a physical or intellectual nature to the employer, under the direction and control of the employer. The Labour Proclamation therefore appears to exclude self-employment from its application. The Committee recalls that the Convention applies not only to work under an employment contract but to all types of work or employment. The Committee requests the Government to indicate in its next report any measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 2, paragraphs 3 and 4. Compulsory education. The Committee notes that the minimum age for admission to employment or work specified by the Government when ratifying the Convention is 14 years. It also notes that according to section 68(1) of Labour Proclamation No. 118/2001, the minimum age for admission to employment in Eritrea is 14 years. The Committee recalls that the Convention provides that the minimum age specified for admission to employment or work shall not be less than the age of completion of compulsory schooling. The Committee notes that section 13.1.2(a) of the Macro-Policy dated November 1994, established by the Government and submitted to the Committee on the Rights of the Child, provides that universal primary education up to seven years will gradually be made available to all, but that it does not refer to the compulsory nature of education. The Committee notes, from this report to the Committee on the Rights of the Child, that primary education has not yet been made compulsory. The Committee considers that the requirement of Article 2(3) of the Convention is fulfilled since the minimum age for employment is not less than the age of completion of compulsory education. The Committee nevertheless considers that it is important that a country which does not have a system of compulsory education should take urgent steps to fill this gap. Indeed, the Committee is of the view that compulsory education is one of the most effective means of combating child labour and that is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of idleness [see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, para. 140]. The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee accordingly requests the Government to continue providing information on progress made in establishing a compulsory primary education system.

Article 3, paragraph 1. Minimum age for hazardous work. The Committee notes that section 9(2) of the Labour Proclamation No. 118/2001 provides that no contract of employment shall be enforceable against a person below the age of 18, if it is determined to be prejudicial to the interests of that person. The Committee draws the Government’s attention to Article 3, paragraph 1, of the Convention according to which the minimum age for admission to any type of employment or work which is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It would be grateful if the Government would provide information on the measures taken or envisaged to ensure that a person below 18 years cannot occupy a job which jeopardizes his or her health, safety or morals.

Article 3, paragraph 2. Determination of hazardous work. The Committee also notes that under section 69(1) of Labour Proclamation No. 118/2001, the minister may, by regulation, issue a list of activities prohibited to young employees, including apprentices, which shall in particular include work in docksides and warehouses involving heavy weight lifting, work connected with toxic chemicals, dangerous machines, underground work, work in sewers and digging tunnels, etc. The Committee requests the Government to indicate whether any regulation containing a list of hazardous activities has been issued by the minister, as required by Article 3, paragraph 2, of the Convention. If so, it asks the Government to communicate the list of the types of hazardous work and to indicate whether workers’ and employers’ organizations have been previously consulted for the determination of such work.

Article 6. The Committee notes that section 3(9) of Labour Proclamation No. 118/2001 provides that a contract of apprenticeship means a contract whereby an apprentice renders services to an employer while acquiring a special skill and receiving an agreed amount of pocket money. It also notes that under section 33 of the same Labour Proclamation, a contract of apprenticeship shall be in writing and shall include at least: the vocational training an apprentice will get; the duration of apprenticeship; and whether pocket money is to be paid to an apprentice. The Committee recalls that Article 6 of the Convention provides that the Convention does not apply to work done by persons of at least 14 years of age in undertakings. The Committee therefore requests the Government to indicate the minimum age for apprenticeships.

The Committee notes that under section 38 of Labour Proclamation No. 118/2001, the minister may issue regulations to supervise the conditions of training of apprentices. It also takes note of the statement of the Government in its report, according to which the formulation of ministerial regulations is done in consultation with employers’ and workers’ organizations, and that, although the advisory board is in the process of being established, in practice consultations are carried out with the social partners concerned. The Committee requests the Government to indicate if the minister has issued regulations concerning the working conditions of apprentices, and if so, to supply a copy. The Committee also requests the Government to indicate whether the advisory board has been established and has been consulted on the ministerial regulations concerning the working conditions of apprentices.

The Committee also requests the Government to provide information on the system of vocational or technical education, and on the conditions prescribed by the competent authorities for any work done by children and young persons as part of vocational or technical education.

Article 7. Light work. The Committee notes that section 140 of Labour Proclamation No. 118/2001 provides that the minister may issue regulations or directives in respect of activities concerning young employees, which is to say persons above the age of 14 and below the age of 18 years (section 3(3) of Labour Proclamation No. 118/2001). It seems that the legislation in force contains no exception for light work for children below the minimum age of 14 years. The Committee nevertheless notes the statement contained in the initial report of Eritrea submitted to the Committee on the Rights of the Child (paragraph 40, under "Child labour") that the Constitution Commission had raised the point for community discussions that there should be statutory regulations on how many hours children work (light work and after school hours), and the type of work which should not be performed. The Committee recalls that Article 7, paragraph 4, of the Convention provides that national laws or regulations may permit persons from the age of 12 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to continue providing information on the statutory regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from 12 years and above.

Article 9, paragraph 3. Registers. The Committee notes that section 20 of Labour Proclamation No. 118/2001 provides for the obligations of an employer, which include the keeping of a register containing the relevant particulars specified in section 10(1). Section 10(1) of the Labour Proclamation does not contain any requirement to include in the register the names and ages or dates of birth of persons employed who are less than 18 years. The Committee recalls that Article 9, paragraph 3, of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents which shall be kept and made available by the employer, and that such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee therefore requests the Government to take the necessary measures to ensure that employers are obligated to register such information, and to provide information about these measures.

Part V of the report form. The Committee notes the information provided by the Government in its report according to which no labour inspection reports have so far referred to cases of child labour under the Convention. The Committee, nevertheless, takes note of the information contained in the initial report of Eritrea submitted to the Committee on the Rights of the Child, according to which, in the rural areas, children from about 5 years of age look after livestock and are expected to work in the fields. The Committee also notes that, according to the information provided by the Government in the same report, in towns many children under age work as apprentices in shops, in workshops such as garages or metal workshops, and others do domestic work or work on the streets. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, and information on the number and nature of violations detected involving children and young persons.