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A Government representative stated that the observations made on 30 August 2017 by the International Organisation of Employers (IOE) and the comments made by the Committee of Experts and the Conference Committee in this regard had been noted by the Government. In 2000, Eritrea had ratified both forced labour Conventions and always remained engaged in matters related to the Conventions. The Eritrean struggle was not only for independence, but also for social justice and ensuring its rights from the colonial rulers. Regarding the issue of compulsory national service, the Government’s position needed to be reiterated as it had been stated in the Conference Committee in 2015. He hoped that the discussion would lead to a clear understanding of the issue and a fruitful conclusion. The national service programme was at the centre of nation building and the upbringing and preparedness of the new generation towards that end. Eritrea had introduced the national service programme in 1995 through Proclamation No. 82/1995 against the backdrop of massive demobilization of the Eritrean Liberation Army after independence. In certain ways, it was also seen as a contingent security architecture which would allow the young nation to maintain a very small regular army with the latitude to mobilize the necessary force if and when it faced existential threats. The need for a dynamic effort for a robust framework of regional security and development was also considered essential. In normal times, national service by law was limited to 18 months, 12 months of which were generally spent on public works in community or development assignments and the remaining six months on military training in the Sawa Education and Training Centre. They were also part of the reserve army eligible for recall if and when war broke out or any demand arose due to any national security challenge. This was compatible with the definition of “normal civic obligation” provided for by Article 2(2)(b) of the Convention. The work exacted was aimed at the best interests of the nation and the community, not for the benefit of private companies or individuals. It focused on reforestation, soil and water conservation, reconstruction projects and food security programmes. Overall, the purpose for which it was used was limited to what was strictly required in the prevailing situation as a pre-requisite for the existence of the nation. The national service programme had been affected by existential external threats over the past 20 years. Ethiopia’s continued occupation of sovereign Eritrean territories constituted a flagrant violation of international law, fundamental provisions of the United Nations Charter and the 2000 Algiers Agreement signed by the two countries. It also constituted a violation of the Eritrean people’s right to sovereignty, development and the right to live in peace without any threats. However, the international community, in particular the United Nations Security Council (UNSC), had not taken any appropriate measures to address the problem. Consequently, Eritrea had no option but to take the necessary measures of self-defence that were proportionate to the threat it faced.

Despite the prevailing challenges, the Government had taken various measures to transform the national service system and address the unintended consequences. For example: (1) the Commission for Demobilization had been established in 2001 and had demobilized over 105,000 soldiers from national service from 2001 to 2005. The project envisaged the full demobilization of the army, but had been discontinued when Ethiopia rejected the decision of the Eritrea Ethiopia Boundary Commission; (2) large scale demobilization practices had continued on various grounds through local resources, especially for women and other segments of society; (3) in the past five or six years, all graduates of the national service programme had been directly enrolled in different education institutions and deployed in various areas of work after finishing their studies. The one year of community or development service in most cases was thus deferred to take place at any convenient time. Most of the recent graduates were covered by the new remuneration system established in 2016, which had introduced a substantial increase in the salary of the civil service; and (4) the communal services were intended to promote social service and the dignified life of the population. Members of the community were frequently consulted through the popular local governance system and were involved both as beneficiaries and active participants on the need for such services. Due to the prevailing situation described repeatedly, national service members were called upon to perform non-military activities in the specific circumstances described, which was confined to genuine cases of force majeure. In times of peace, national service members did not have any other obligations once they had fulfilled their obligation of service for 18 months. The duration of national service had been prolonged due to unrelenting threats and a protracted state of belligerency by Ethiopia. Therefore, the extended obligations imposed on the population in general and national service members in particular were compatible with the provisions of Conventions Nos 29 and 105. Neither forced nor compulsory labour had been exacted in the country in violation of the Conventions. In terms of the legal and institutional context of the State, national service constituted an exception to forced labour under article 3(17) of Labour Proclamation No. 118/2001, which provided that normal civic obligations, labour performed as stipulated in the Penal Code and communal or development services rendered in the situation of existential external threats were not considered as forced labour. The legitimacy of the ongoing practice of qualifying military and non-military service as force majeure under Convention No. 29 was thus unambiguous. He emphasized that peace, security, human rights and development were interlinked and constituted a fundamental principle of the international system. The existential external threats faced by Eritrea and the failure of the international community, in particular the UNSC, to address the pertinent threats faced by Eritrea could not be underestimated. The Government of Eritrea categorically rejected the allegations made and reiterated its stated position that the Committee had to consider these objective realities, drop the allegations and continue to expand and strengthen engagement with Eritrea in a meaningful way. Regarding the IOE’s claim that “the illegal occupation of Eritrean territory by Ethiopia does not amount to a genuine situation of emergency and, as such, recourse to compulsory labour couldn’t be justified”, he stated that it negated the concrete reality in the country, the fundamental principle of the international system on the interdependence of peace, security and development, as well as the provisions of Article 1(b) of the Convention. Contrary to the IOE’s assertion, Eritrea did not exploit forced or compulsory labour for economic development as a systemic approach aimed to replace the labour system. All forms of compulsory labour exacted in Eritrea met the criteria of minor communal services. This work, accomplished under the duress of existential threats, was consistent with the parameters provided for in Convention No. 29. Moreover, it also warranted the mobilization of labour for the purpose of economic development in the context of Convention No. 105. In line with the ratified Conventions on forced labour and its abolition, and following the border war with Ethiopia, the Committee had requested Eritrea to provide reports and information, indicating that work exacted from the population as part of compulsory national service in Eritrea was equated to forced labour. The Government of Eritrea had provided several written reports and information to the Conference Committee and the Committee of Experts indicating that no forced labour had been practiced in the Bisha Mine. In conclusion, he hoped that all the efforts made so far, including the information included in this statement, would instil an objective understanding of the prevailing reality leading to the termination of unwarranted allegations of forced labour and related observations. He also reiterated the Government’s commitment to continue its engagement with the relevant bodies in the future.

The Worker members recalled the gravity of the issue and the inability of the Government to resolve it satisfactorily, even though the use of forced labour in Eritrea had already been discussed during the 104th Session of the International Labour Conference in 2015, since when the Government had not requested technical assistance from the Office. The alarming events reported in 2015 (murders, torture, kidnappings, inhuman detention conditions) remained the same in 2018 and had been confirmed by many international bodies, such as the United Nations Commission of Inquiry on Human Rights in Eritrea in June 2016, and the Special Rapporteur on the situation of human rights in Eritrea in June 2017. Poor diplomatic relations with Ethiopia could not be used to justify the serious violations that were occurring. It was to be hoped that the Committee’s 2018 discussion would convince the Eritrean Government to make every effort to bring its legislation and practice into line with the Convention. Compulsory national service, pursuant to the Proclamation on National Service No. 82 of 1995 and the 2002 statement concerning the Warsai Yakaalo Development Campaign (WYDC), remained the source of the problem. Although national service was time-limited in theory, the WYDC had allowed conscripts to be mobilized for an unspecified period. Moreover, national service involved various activities, such as construction and agriculture, that were not purely military and therefore fell outside the scope of the exception provided for in Article 2(2) of the Convention. As the Committee of Experts had recalled, that condition was explicitly intended to prevent the requisitioning of conscripts for the performance of public works or development work. However, it had been reported that some conscripts had been made available to private enterprises, particularly in the mining sector. The Abolition of Forced Labour Convention, 1957 (No. 105), also prohibited the exaction of forced labour as a method of mobilizing and using labour for the purpose of economic development. That was how Convention No. 29 should be interpreted. One of the stated objectives of the WYDC was precisely “investing in development work of our people as a potential wealth”, that is, promoting economic development. A further exception to the prohibition of forced or compulsory labour provided for in the Convention was force majeure, defined in a restrictive manner as a sudden, unforeseen happening calling for instant counter-measure. However, in view of the extremely long periods for which the workforce was required, it could not be considered that the Eritrean Government was mobilizing a large proportion of its population to deal with a sudden and unforeseeable event. It could not, therefore, invoke the force majeure exception. The Government took the view that such measures were intended to prevent future instances of force majeure. Such an interpretation, quite apart from being incompatible with the unpredictable nature inherent in force majeure, was unacceptable, as it would allow States to take measures that seriously restricted fundamental rights against the possibility of a hypothetical force majeure, which would set a dangerous precedent.

The institutionalization of forced labour was evidenced by the serious penalties incurred by Eritreans who sought to avoid the obligation, including prison sentences, suspension of rights, reprisals against family members, and non-renewal of trading licences. Forced or compulsory labour was defined in Article 2(1) of the Convention as all work or service which was exacted from any person under the menace of any penalty and for which the said person had not offered himself voluntarily. The Worker members reiterated their concern with regard to the impact of the WYDC on women and children. Although the law stated that national service was to be performed from the age of 18, various reports indicated that almost one third of new conscripts in military training centres were below that age. Students who completed their studies were obliged to submit to intensive military training in SAWA and then to continue their studies under military authority. They were then transferred directly to the national service programme. Very often students had to work in agriculture, sometimes for up to one or two months, in addition to their military training and their studies. Women were particularly vulnerable to harassment and sexual violence. They were also forced to perform domestic work for officers, in addition to their work in the framework of their compulsory military service. It was regrettable that the measures taken to demobilize conscripts and reintegrate them into the public service, including through the determination of a wage scale for those who had fulfilled their obligations and the establishment of a specific status for them, had been abandoned. It was to be hoped that the Government would relaunch that process. The Government’s statement that the objectives of the WYDC were confined to what was strictly necessary to respond to the requirements of the national situation were tantamount to adding a criterion to the text of the Convention by making use of the concept of proportionality to justify violations of the fundamental rights of the population. However, the issue of proportionality only arose in the context of force majeure, which could not be invoked in the present case. The observations of the Committee of Experts and of the Conference Committee were reinforced by those of other organizations. The Human Rights Council had called on Eritrea to engage in far-reaching legal and institutional reform. In June 2017, the Special Rapporteur had been obliged to note that the Government had not made any effort to give effect to the recommendations of the Commission of Inquiry. The same applied to the recommendations that the Conference Committee had made to the Government in 2015. Compulsory national service, as currently implemented, was a violation of the fundamental rights of the citizens of Eritrea. It was necessary to give effect to the recommendations made by the Committee in 2015, and to those of the Commission of Inquiry of the United Nations Human Rights Council to repeal the 1995 Proclamation on National Service and to bring an end to the WYDC. The Government was invited to consider ratifying the Protocol of 2014 to the Forced Labour Convention, 1930, which would usefully supplement the policy of dismantling forced labour that needed to be adopted.

The Employer members recalled that the case essentially involved two national instruments that violated the Convention, namely the Proclamation on National Service No. 82 of 1995 and the 2002 Declaration on the Warsai Yakaalo Development Campaign (WYDC). While conscription into military service was initially limited to 18 months, the war between Eritrea and Ethiopia had led to a lifting of the cap. According to the Government, national service was intended for both military and development purposes. In other words, conscripts could be used in a variety of activities, some of which were purely of a developmental and/or economic nature. However, under the Convention, the use of involuntary labour for non-military work was only permitted in very limited circumstances. When discussing the case in 2015, the Conference Committee had been highly concerned at the continued state of forced labour in Eritrea and urged the Government to seek ILO technical assistance to ensure compliance with the Convention. Following the Committee’s 2015 conclusions, both the IOE and the International Trade Union Confederation (ITUC) had made observations in which they expressed concern at the situation. Noting with regret the Government’s failure to provide a report, the Committee of Experts had strongly urged the Government to take the necessary measures to bring an end to the generalized and systematic practice of the exaction of compulsory labour from the population in the context of the obligation of national service. In 2017, the Committee of Experts had adopted an observation, based on the observations by the IOE and responses thereto provided by the Government. The IOE emphasized the urgency of bringing an end to forced labour in Eritrea, and observed that, despite the commitment to work towards that goal, the Government had not sought ILO technical assistance nor demonstrated any will to cooperate with the ILO. The Government reiterated that demobilization had been interrupted and national service prolonged because of the need to take action vis-à-vis Ethiopia’s state of belligerency. Moreover, the Government was adamant that the work exacted from the population under the WYDC was limited to the benefit of the community, and was not for the profit of private companies or individuals. Consequently, according to the Government, there was no systematic practice of compulsory labour. In its observation, the Committee of Experts noted that, according to the latest reports of the bodies appointed by the United Nations Human Rights Council, the Government had still not taken steps to reform the national service programmes. The Committee of Experts also noted with deep concern that there was no progress by the Government to harmonize its law and practice with the Convention. While it was understandable that the Government wanted to be prepared to defend its borders, it had ratified Convention No. 29, which placed limits on the permissibility of some actions. National legal instruments needed to be harmonized with the provisions of ratified international labour standards. The Government’s statement in reply to the observation confirmed that conscription went beyond the limit of 18 months, and military conscripts were used to perform non-military work or activities, including economic activities supposedly for the benefit of the community. However, the interpretation of the facts was controversial. Both the Conference Committee and the Committee of Experts had repeatedly found that the situation in Eritrea amounted to forced labour and was in conflict with the Convention, whereas the Government believed that the conscription programme and the non-military activities performed under the WYDC were justifiable as exceptions under Article 2 of the Convention. The Government had also highlighted that it had taken steps to reduce national service by enrolling many conscripts into the civil service, with improved remuneration. While the Government’s efforts could demonstrate its intention to follow through on its commitments on demobilization, there were still concerns about those who remained in extended national service, and those who were used in compulsory non-military work. If the Government was committed to complying with its obligations under international law, it needed to take the necessary steps to amend or repeal the national instruments that were in conflict with the Convention. Regardless of their justification, the Proclamation on National Service and the WYDC violated the Convention. In conclusion, the delay in harmonizing national law and practice with the Convention, the number of observations and recommendations by the Conference Committee, the Committee of Experts and other international bodies, and the Government’s continued failure to seek assistance from the ILO in that regard justified viewing this case as a serious case of non-compliance.

The Worker member of Eritrea thanked the Committee for giving him the opportunity to intervene and correct certain misconceptions about his country. He expressed concern at the prescriptive approach taken by the Committee of Experts and the IOE concerning the application of the Convention by Eritrea, without having any discernible evidence of the allegations and without considering the reality in Eritrea. Eritrea’s genuine approach on grass-roots indigenous development had not been understood. Without visiting the country, it was virtually impossible to understand the Eritrean reality, the spirit of community belongingness and the people’s passion for peace, stability, growth and prosperity. Eritrea had its unique vision for the future. The country was indeed still facing socio-economic development challenges and was ravaged by war and geopolitical agendas. However, despite all the hardship, it had managed to retain the most cherished values – honesty, integrity, hard work, community and civic duties, for sustainable nation building. It was hoped that the success achieved in implementing the Millennium Development Goals would be further extended during the realization of the Sustainable Development Goals. Regarding the allegations of forced labour, it was inconceivable that a country that was born from the painful struggle for its self-determination and human rights could allow the violation of the human rights of its people, including the systematic use of forced labour in contravention of the country’s values and the principles of the Convention. Eritrea had ratified all the fundamental ILO Conventions, except the Worst Forms of Child Labour Convention, 1999 (No. 182), which was under consideration, and was fully committed to their implementation. The principles of the Conventions were enshrined in the Labour Law, No. 118 of 2001. Eritrean trade unions were active, also in cooperation with international confederations and with the ILO, to protect workers’ rights. In order to discuss the Decent Work Agenda and in particular forced labour and labour migration in Africa, an International Solidarity Conference had been organized, in collaboration with the ILO, in Asmara in March 2016, which had been attended by more than 25 national trade unions, the ITUC and the Organization of African Trade Union Unity (OATUU). Participants at the conference had visited, inter alia, the Bisha Mine. Following the visit, many of the employees of the Bisha Mining Company had been unionized. He added that a formal response had been provided in response to the report of the Commission of Inquiry on human rights in Eritrea, specifying that, in compliance with Article 25 of the Convention, the illegal exaction of forced labour or compulsory labour was punished as a penal offence in Eritrea under the Penal Code, and that section 3(7) of the Labour Proclamation No. 118/2001 provided that the obligation of national service did not constitute forced labour. Eritrea made use of the exceptions under Article 2(2) of the Convention, which included compulsory military service, as well as work which formed part of the normal civic obligations of Eritrean citizens. Eritrean trade unions also regularly ensured compliance with Article 9 of the Convention. While disagreeing with the observations of the Committee of Experts, which equated national service to forced labour, he reiterated his commitment to preventing any such practice should it occur in future. It was to be hoped that the Committee would engage in genuine dialogue with all partners to obtain real information about the situation in Eritrea.

The Employer member of Eritrea stated that it was a procedural violation for the IOE to submit observations on Eritrea to the Committee of Experts without having consulted the Employers Federation of Eritrea (EFE), as a member of the IOE. The allegation therefore had neither legitimacy nor credibility. It was factually baseless. He therefore called on all IOE members to join the EFE in rejecting the unrealistic allegation. The issue of forced labour in the national service programme had been raised in 2015 by the ITUC and then by the IOE in 2017 without substantive information from their respective affiliates. As a matter of fact, the Government was continuously taking measures to mitigate the economic burden of national service members and other employees. At the end of 2015, a new salary scale had been introduced for members of national service, and demobilization was underway. The report of the United Nations Special Rapporteur, on which the Committee of Experts had based its comment, was highly debatable and lacked credibility on many grounds. In general, the allegation was outdated and lacked information on the recent developments regarding the issue under discussion.

The Government member of Bulgaria, speaking on behalf of the European Union (EU) and its Member States, as well as Albania, Bosnia and Herzegovina, Norway, the former Yugoslav Republic of Macedonia and Montenegro, emphasized that the promotion and universal ratification and implementation of the core labour standards was part of the European Action Plan on Human Rights, adopted in July 2015. Eritrea was a Party to the Cotonou agreement, the framework for cooperation with the European Union which required Parties to respect democracy, the rule of law and human rights principles, including the abolition of forced labour. The Proclamation on National Service and the WYDC of 2002 did not comply with the Convention as they established a generalized and systematic practice of the exaction of compulsory labour from the population. She noted with deep concern that a large part of the population could be forced into conscription, that work could be required for an indefinite and arbitrary period of time, and that much of this work went far beyond the exceptions authorized by the Convention. She deeply regretted that, despite previous recommendations of the Conference Committee and the Committee of Experts, the Government had not taken any measures to amend or repeal the legislation. The threat of war should not be taken as a justification to compel a population to undertake compulsory labour for purposes outside the scope of military service or beyond genuine cases of emergency or force majeure. She urged the Government of Eritrea to tackle this situation and respond positively to the ILO’s offer of cooperation and technical assistance and recalled that the EU remained ready to assist Eritrea in meeting its obligations in terms of democratization, human rights and the rule of law, and to support its economic and sustainable development.

The Worker member of Nigeria, also speaking on behalf of the Organisation of Trade Unions of West Africa (OTUWA), recalled that Nigeria had operated a one year national service programme which had been instituted after Nigeria’s civil war, while that of Eritrea was linked to its conflict with Ethiopia. However, Nigeria’s national service programme did not exact forced labour. Its objective was for youth to appreciate the essence of patriotism as well as to consolidate national unity and to provide them with first-hand work experience. The Government of Eritrea was urged to avail itself of ILO assistance to effectively reform and transform its national service legislation and practices to promote youth social and economic empowerment in accordance with the Committee of Experts’ recommendations. Nigeria had a similar experience of a disagreement with a neighbouring State, and the conflict had been resolved amicably with the assistance of the international community. In response to the appeals made by Eritrea, he called for robust technical assistance through the ILO to coordinate an inter-UN agency process for effective follow-up to the peace accord to end the situation of “no war no peace”.

The Government member of Sudan thanked the Government of Eritrea for its great interest in workers and labour matters, as well as in the comments of the Committee of Experts. She affirmed that: (a) the Convention provided that national service was not considered as forced labour when a State was confronted with an emergency; (b) the tripartite constituents in Eritrea had taken action through a number of initiatives taken by the Eritrean Workers’ Confederation and sought the resolution of the issue with the Government following the observations made by the ITUC; and (c) it was important to welcome and praise the positive developments undertaken by the Government of Eritrea. She suggested that it would be better to stop raising the issues mentioned in the observation of the Committee of Experts altogether and to work jointly with Eritrea to support it in implementing international labour standards.

The Worker member of South Africa echoed the concerns of the Worker members over the indefinite military service for conscripts and the lack of viable socio-economic opportunities for youth. Prolonged national military service was the primary reason for fleeing Eritrea: in 2016 and 2017, Eritrean refugees had constituted the fifth largest group of arrivals in Europe via the Mediterranean Sea. According to the International Organization for Migration, 1,184 Eritreans had arrived by sea in Europe since the beginning of 2018. The United Nations estimated that one tenth of the Eritrean population had fled in recent years. The situation was alarming and the lack of individual and collective economic activities could not be sustained. However, by exploiting conscripts for civil and economic purposes, the Government was contravening international law. Working for up to 15 years, without income, in the context of so-called civic obligations and national duty and under a façade of perpetual military duties could no longer be tolerated. The 2017 report of the Special Rapporteur on the situation of human rights in Eritrea indicated that Eritrea’s national service programmes “continued to be arbitrary, extended, and involuntary in nature, amounting to enslavement, as per the findings of the Commission of Inquiry”. The new measures to demobilize conscripts and to rehabilitate them in the national civil service, including the introduction of a salary scale was encouraging, but not sufficient. Such efforts needed to be further strengthened and extended and include the adoption of a broader employment and poverty eradication policy in both the public and private sectors. The Government should therefore be urged to accept the ILO’s technical assistance to develop a time-bound plan of action.

The Government member of Algeria noted with satisfaction the new measures adopted to organize national service and vocational training within the framework of the country’s development programme, in spite of a very difficult situation. He encouraged the Eritrean Government to continue its efforts to meet its obligations under the Convention, in collaboration with the ILO.

The Worker member of Zambia stated that allegations of violations of workers’ and human rights as serious as forced labour needed to be based on solid facts and information. A team of 25 international trade unionists had travelled to Eritrea in 2016 and visited the Bisha Mine, in relation to which allegations of forced labour had been made. No incidents of forced labour had been observed. However, in view of the serious allegations, the Conference Committee, the Committee of Experts and other interested parties should undertake a fact-finding mission to Eritrea to: (a) gather first-hand information on the current situation; (b) objectively assess the progress made by the country in the area of human and trade union rights; and (c) identify challenges and propose the way forward for further improvement in these areas. All trade unions and international organizations were urged to continue supporting the National Confederation of Eritrean Workers in capacity building and international trade union solidarity.

The Government representative called for a complete understanding of the issue which could lead to a real solution. It was sad to hear comments that the force majeure in the country was false, when the issue of the national service programme was directly related to the extensive occupation of Eritrean territory by Ethiopia. Peace was a precondition for implementing international labour standards and occupation did not allow for that to happen. In this context, solidarity was essential for development. The fact that national service members had participated in non-military activities was not denied by the Government. However, it had been performed due to the force majeure, not for the purpose of economic development. Eritrea would not have imposed forced labour on its own population; on the contrary, it wanted to abolish forced labour altogether. However, even if legislation was amended, the root cause of the problem would still remain, namely, the occupation of Ethiopia, which needed to be addressed. The discussion based on the unwarranted allegations did not help Eritrea to apply international labour standards. The Government did not reject any technical assistance, provided that it addressed the root causes of forced labour and led to peace and re-stabilization. Considering the seriousness of the circumstances which were not fully understood by others, Eritrea had had to take unilateral action. Furthermore, Eritrea had started and would continue to improve the situation. In this regard, the measures undertaken included the introduction of an adequate salary scale for members of the national service and the rehabilitation of former national service members within the civil service. The WYDC had only been implemented between 2006 and 2015 and had been terminated since then. It was also necessary to clarify that the allegation of the involvement of children under 18 years was not true.

Another Government representative highlighted the procedural issue regarding the submission of the IOE’s observations. The fact that the EFE, as a member of the IOE, had not been consulted before the submission of the observations to the Committee of Experts needed to be taken into consideration. He added that, considering the reconstruction and development process of European countries in history, Eritrea should not be treated differently. Due to the continuation of force majeure, there was no alternative to the national service programme. For the same reason, no specific time frame could be established in this regard. In conclusion, he again underlined that Eritrea was willing to engage with the international community and was open to the technical assistance proposed. However, mutual trust was vital and any cooperation should come with a better understanding of the real situation in Eritrea.

The Worker members thanked all speakers and the Government representatives from Eritrea for the information they had provided to the Committee. Although peace, stability and rights were closely linked, it was regrettable that the Eritrean Government had cited in its defence the difficult diplomatic situation with neighbouring Ethiopia to justify its institutional abuses against the Eritrean population and the denial of basic human rights. It was also regrettable that the Government continued to understate and deny the very serious violations in question. It was necessary to put an end to open-ended national service by suspending the WYDC and repealing the Proclamation on National Service. It was also important to end the use of conscripts for work that was not of a strictly military nature. Many reports suggested that conscripts were working for the private sector, which found in them a labour force that was submissive, because they were oppressed and cheap. That must stop. The Government of Eritrea should finally recognize that the situation in the country did not allow it to invoke force majeure to justify the completion of non-military tasks as part of compulsory national service. It should bring an end to the military conscription of children, a practice which was not tenable in the country or acceptable at the international level. The Government should also take urgent measures to protect female conscripts from harassment and sexual violence. The Worker members asked the Government to explain the many allegations of killings, torture, kidnappings and other abuses within the framework of national service. It was critical for Eritrea to change its image as a penitentiary colony. To that end, the Government must shut all secret detention centres, guarantee the safety of detainees, ensure they had access to medical treatment and provide adequate detention conditions, in accordance with international law. It should also put a stop to reprisals against the families of people who had fled the country. An independent mechanism should be established allowing conscripts to file complaints of mistreatment and obtain redress when they had been harmed within the framework of their work obligations. As recommended in 2015, the Government of Eritrea should request the ILO to provide technical assistance with a view to developing an action plan, in consultation with the social partners, to revise military service legislation. It should also put in place a national employment policy and a policy on eradicating poverty.

The Employer members concluded that the key to the issue was that the Government recognized that national service was taking place, but justified it as the force majeure exception under the Convention. In view of its continuing non-compliance with the Convention, including with respect to the use of the force majeure exception, the Government was encouraged to avail itself of the technical assistance of the ILO and was urged to cooperate with the ILO, including by submitting reports based on the recommendations of the Committee.

The Government representative raised a point of order and stated that the discussion should be limited to issues raised under Convention No. 29, while some political issues such as those mentioned by the Worker members, did not fall within this scope. He again raised the question of whether the IOE had the right to submit observations without having consulted the EFE. He asked for explanations from the IOE.

The Employer members clarified that the IOE had not made a complaint to this Committee in relation to the case under discussion.

Conclusions

The Committee took note of the oral information provided by the Government representatives and the discussion that followed relating to the large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of programmes related to the obligation of national service. These members of the national service also perform other duties, including a whole range of economic activities. The obligation to perform compulsory national service was stipulated in the Proclamation on National Service of 1995 and the Warsai Yakaalo Development Campaign of 2002.

The Committee noted that the Government has declared that the Warsai Yakaalo Development Campaign is no longer in force, that a number of conscripts have been demobilized and are now under the civil service with an adequate salary. In view of these specific circumstances, the Government has declared that the exceptions to Article 2(2) of Convention No. 29 relating to cases of emergency justify the prolongation of the duration of conscription beyond the statutory 18 months established in the Proclamation on National Service of 1995.

Finally, the Committee noted the Government’s statement that it wished to avail itself of technical assistance.

Taking into account the Government’s submissions and the discussion that followed, the Committee urged the Government to:

- amend or revoke the Proclamation on National Service to bring to an end forced labour;

- ensure the cessation of the use of conscripts for the exaction of forced labour in line with Convention No. 29;

- avail itself without delay of technical assistance in order to fully comply with its obligations under Convention No. 29; and

- report to the Committee of Experts before 1 September 2018 on its progress in implementing the conclusions of this Committee.

The Government representative indicated that procedurally, his country had been treated in a different way than other countries. As it was not known who had sent observations to the Committee of Experts on the application of the Convention in his country, the allegations should have been discarded from the outset. The Conference Committee had not taken into account the real situation on the ground so as to formulate an accurate opinion on the seriousness of the root causes standing in the way of full implementation of the Convention. Consequently, this genuine case of force majeure which was compatible with the Convention was not being acknowledged as such. The Committee was highly dependent on unrelated and unreliable external sources of information and mistrusted the Government’s statements concerning, for example, the obsoleteness of the WYDC. There was no appreciation of the mitigating measures taken by the Government, such as for example, the progress made in improving the salary scale of the National Service members and integrating them in the civil service. The Government would consider ILO technical assistance provided the assistance led to addressing the root causes of the problem.

His Government believed that human rights were indivisible, interdependent and universal and remained fully committed to them including in the area of labour. Even though his Government was engaged to work jointly with the ILO on all outstanding issues with technical support to mitigate the root causes, he hardly agreed with the conclusions as they were mainly the result of unrealistic information that did not reflect reality.

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A Government representative expressed the view that the national laws were compatible with the requirements of the Convention. Compulsory national service was an exception to the term of forced labour under section 3(17) of the Labour Proclamation of Eritrea (No. 118 of 2001). Not only compulsory national service, but also normal civic obligations, compulsory labour as provided for in the Penal Code, communal services and services rendered in case of emergency could not be considered as forced labour. The Committee of Experts had indicated that, under the Convention, compulsory military service was excluded from the scope of the Convention only where conscripts were assigned to work of a purely military character. The Proclamation on National Service (No. 82 of 1995) was also designed for a military purpose. Furthermore, sections 6 and 8 of the Proclamation, which provided that Eritrean citizens who had attained the age of 18 and above had the obligation to render national services for 18 months, were compatible with the Convention, as Article 2(2)(b) provided that forced or compulsory labour should not include any work or service which formed part of the normal civic obligations of citizens. The Government of Eritrea agreed with the comment of the Committee of Experts according to which in specific circumstances, such as in cases of emergency, conscripts might be called upon to perform non-military activities. The Government also agreed with the indications of the Committee of Experts that the power to call up labour should be confined to genuine cases of emergency or force majeure, that is a sudden and unforeseen happening as provided for in Article 2(2)(d) of the Convention. However, the Conference Committee should understand the peculiar and genuine cases of emergency and the current situation in the country. The ongoing border conflict and the absence of peace and stability had been affecting the labour administration of the country. In view of the “no peace, no war” status, it was not possible to implement the final and binding decision of the Boundary Commission, and the international community was not playing its appropriate role in this regard. Moreover, there were unpredictable weather conditions which further contributed to a “threat of war and famine”. In view of these specific circumstances, the exception in Article 2(2)(d) of the Convention relating to cases of emergency applied. This justified the prolongation of the duration of national service beyond the stipulations in the Proclamation on National Service, and the adoption by the National Assembly in 2002 of the Warsai Yakaalo Development Campaign (WYDC). Compulsory services were strictly limited to the requirements of the current situation and community interests, and were not used for the benefit of private companies or individuals. The relevant post-war development campaign programmes were related mainly to labour in the areas of reforestation, soil and water conservation, as well as reconstruction activities and food security. Concerning the implementation of the Proclamation on National Service, the Government had no problem with conscripts leaving the service upon completion of their service of 18 months during peacetime, and in fact, before the start of the Eritrean–Ethiopian border conflict in 1998, there had been demobilizations. However, because of that border conflict, conscripts could not leave their service upon completion of the 18 month period. Contrary to the view expressed by the Committee of Experts, there were no large-scale and systematic practices of imposing compulsory labour on the population for an indefinite period of time within the framework of the national service beyond the exceptions provided for in the Convention. Hence, no forced or compulsory labour had been carried out in Eritrea in violation of the Convention. The Government had no intention of using national service in all-round activities or of extending the duration of such service indefinitely. Despite the threat of war and famine, the Government was demobilizing conscripts due to health and other social issues, and was planning in the near future to demobilize conscripts, in accordance with the Proclamation on National Service. However, these positive measures taken by the Government would not be able to achieve a lasting solution unless the major cause that affected the labour administration was tackled. He therefore called upon the ILO and the international community to play their role to influence the implementation of the final and binding decision of the Boundary Commission.

The Worker members said that the systematic and generalized practice of forced labour in Eritrea, which had been criticized for years, but to no avail, had been classified by the Committee of Experts as a double-footnoted case. In its interim report in March 2015, the United Nations Commission of Inquiry on Human Rights on Eritrea had found that compulsory and indefinite national service, combined with abusive government policies and practices, exposed workers to forced labour. Those practices were accompanied by arbitrary arrest and detention, extrajudicial executions and other violations of human rights. In accordance with the Proclamation on National Service, all Eritrean nationals between the ages of 18 and 40 were subject to “the obligation to perform compulsory national service”, which consisted of six months of military training and 12 months of active military service, in addition to economic development work within the armed forces. Moreover, the introduction in 2002 of the WYDC had institutionalized conscription for an indefinite period, as all citizens between the ages of 18 and 50 (40 for women) remained conscripted indefinitely for compulsory national service. There were two categories of conscripts: those who were conscripted into the army and were also assigned to non-military work, particularly in agriculture and construction; and those engaged in civil administration and who were permanently assigned to infrastructure projects, education and construction. Private enterprises were also authorized to have recourse to such labour through the WYDC. In such cases, wages were paid directly to the Ministry of Defence, which paid a much lower wage to the conscripts. That practice was common in the mining industry, and particularly in the Bishna mine.

In accordance with Article 2(2)(a) of the Convention, so as not to constitute forced labour, work exacted in the framework of compulsory military service had to be of a purely military character, in order to prevent conscripts from being assigned to public works. That limitation had its corollary in Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), which prohibited the exaction of forced or compulsory labour “as a means of mobilising and using labour for purposes of economic development”. The practices adopted by the Government of Eritrea went well beyond the context of the exception envisaged by Convention No. 29 as they allowed conscripts not only to be used for ordinary public works, but also in the private sector. Persons who did not comply with the requirement to perform national service were liable to severe penalties of up to five years of imprisonment and the suspension of other rights. Indeed, a military police force had been created for that purpose. Those who nevertheless managed to escape from national service left the members of their families at enormous risk, as they were considered by the Government to be guilty “by association” and liable to a fine of ERN50,000 (around US$3,350). If they could not pay that sum, family members were detained. Other reprisals, such as the non-renewal of commercial licenses, were also exacted. The situation was made worse by the inhuman and degrading prison conditions, in overcrowded prisons, unhealthy cells, and inadequate and insufficient food. As a result, many detainees fell ill, and medical services were inadequate. In addition, torture and ill-treatment were common. Contacts between detainees and their families were difficult, as families were not informed of the place of detention of their relatives, nor the reasons or length of detention. In view of the heavy prison sentences imposed in cases of refusal to perform national service, the conditions of detention and the reprisals against families, there could be no doubt that the work performed in the framework of national service was undertaken under the menace of penalties and that the persons concerned did not offer themselves for such work voluntarily. The Worker members also expressed concern with regard to the incidence of such practices in the case of women and children. Various reports had shown that almost one third of new conscripts at military training centres were under 18 years of age. Students during their last year of secondary school were required to engage in intensive military training in Sawa and students in their 12th year of school received military training before being transferred directly to the national service programme. In the case of women, who were also subject to compulsory military service, they were particularly vulnerable to the risk of harassment and sexual violence, and were forced to carry out domestic work in addition to their military functions. In view of the forced and indefinite conscription, tens of thousands of Eritrean nationals were fleeing their country, often at the risk of their lives, whether to Sudan or in an attempt to reach Europe, as illustrated by the Lampedusa tragedy, where the immense majority of the 359 victims were from Eritrea. As emphasized by the Committee of Experts, the present case was particularly serious and worrying. Eritrea was more of a penal colony than a State. The exaction of forced labour in the framework of national service was not only characterized by terrible abuses and the flagrant exploitation of workers, but also a humanitarian crisis, of which women and children were the principal victims. The Government needed to repeal with immediate effect the Proclamation on National Service and bring an end to the WYDC.

The Employer members welcomed the information provided by the Government. They noted the challenges faced by the Government due to the “no peace, no war” situation and also noted that the Government had requested the Committee to understand the genuine circumstances of the situation in the country. The Government continued to argue that work imposed under national service was intended for military purposes and that it formed part of the normal civic obligations of citizens as provided for in the exceptions in Article 2(a) and (b) of the Convention. The Government had also explained that the non-existence of peace, “threats of war and famine” and unpredictable weather conditions constituted cases of emergency, an exception provided for in Article 2(d) of the Convention. While the Employer members appreciated that the Government had provided explanations, they remained concerned about them. The Government had admitted that in view of the border conflict, and the “no peace, no war” situation, the original assignment of conscripts between 18 and 40 years of age for a period of 18 months had been extended, and that this practice had been institutionalized with the WYDC adopted in 2002. The Government had also admitted that conscripts could not leave national service. It had further confirmed that the duty of citizens in national service, as required under article 23(3) of the Constitution, not only included work of a military character, but also the building of roads and establishment of services, programmes of reforestation, soil and water conservation, reconstruction activities and food security. As a consequence, the broad scope of national service, encompassing civilian life, exceeded military purposes, as observed by the Committee of Experts. The Employer members recalled the obligation of all ratifying member States to eliminate all forms of forced labour. While the Committee of Experts had been making comments to Eritrea in recent years regarding the implementation of this obligation, the explanations of the Government had been the same for a number of years. The practice of imposing compulsory national service for an indefinite period did not fall within the exceptions set out in the Convention and was therefore incompatible with the Government’s obligations under the Convention to eliminate forced labour for state development. The Employer members urged the Government to amend or repeal the Proclamation on National Service and the WYDC of 2002, and to engage in consultations with the representatives of social partners in this regard. They stated that this was a serious matter requiring immediate action by the Government in order to bring national law and practice into line with the Convention.

The Worker member of Eritrea said that the ongoing process of reconstruction, stability and restoration of peace in Eritrea, following the decimating war, was difficult, slow and frustrating. This had contributed to a situation in which issues related to the world of work were often misrepresented. This was the case with the observation of the Committee of Experts regarding the use of forced labour in Eritrea. Eritrean workers were committed to the goal of reconstructing their communities after the devastation of the war and were ever ready to make sacrifices for it. However, they did not and had not encouraged the fact that those sacrifices were forcefully extracted. While reports containing misinformation and making general conclusions about the situation of forced labour in Eritrea were not helpful, he requested both technical and financial support from the ILO to build capacity in order to reinstate the 18 month national service, including through social national tripartite dialogue and consultation. This assistance was needed and should be provided so that Eritrea could steadily and gradually address these issues. Eritrean workers would welcome that assistance and cooperate with friendly and supportive partners. Finally, he urged the international community to play its role for the implementation of the Border Commission decision, which was final and binding.

The Employer member of Eritrea emphasized that the country was fighting not only for its independence, but also to ensure social justice. After Eritrea had gained independence in 1991, the Government had begun to demobilize ex-fighters and had initiated several economic and social programmes aimed at ensuring their capacity to earn their living. Unfortunately, a border war had been undermining these efforts. As a result, thousands of lives had been lost and tens of thousands of people had been displaced. Following the mediation by the international community, an agreement had been signed leading to a decision of the Boundary Commission, which was final and binding. Nonetheless, that decision had not been implemented for the past 13 years, resulting in a situation of “no peace, no war”. Until those conditions improved, the defence and sovereignty of the country had to remain a priority, requiring a compromise with respect to some national proclamations and ILO Conventions. The international community should play its role in the implementation of the decision taken by the Boundary Commission, which would solve the real cause of the problem.

The Government member of Latvia, speaking on behalf of of the European Union (EU) and its Member States, emphasized that the promotion and universal ratification and implementation of the eight fundamental ILO Conventions was part of the European human rights strategy adopted in 2012. In the framework of its cooperation with the EU, compliance with the Convention was essential, taking into account that Eritrea had expressed its commitment to the respect of human rights, including the abolition of forced labour, under the Cotonou Agreement. The Committee of Experts had requested the Government to take all necessary measures to amend or repeal the Proclamation on National Service and the WYDC of 2002 in order to remove all legislative provisions allowing for the exaction of forced labour within the context of national service. She called on the Government of Eritrea to respond to the requests of the Committee of Experts and to cooperate with the ILO. She also expressed the readiness of the EU to cooperate to ensure the full enjoyment and development of human rights in the country.

The Worker member of Sweden said that some of the reasons for the desperate and dangerous decisions taken by Eritrean migrants were forced labour, prolonged military conscription, arbitrary arrests, torture, appalling detention conditions, disappearances and severe restrictions on freedom of movement in the country. She recalled that many victims of the Lampedusa disaster had been Eritreans who had run away from servitude-like conditions. Furthermore, according to the United Nations High Commissioner for Refugees (UNHCR), an average of 5,000 Eritrean refugees, including unaccompanied minors, fled the country every month. This number did not include non-registered migrants, many of whom resorted to smugglers and traffickers to leave the country in order to avoid the heavy sanctions imposed for unauthorized travel. Eritrean migrants were reported to be victims of massive extortion, kidnapping, sexual assault, and the trafficking of body parts. Although the country should have shown the necessary responsibility to bring this situation to an end, the regime continued to deny entry to the United Nations Special Rapporteur on the situation of human rights abuses in Eritrea. In her 2014 report, she had indicated that the refugee exodus was being fuelled by alleged abuses, including extrajudicial executions, torture and forced military conscription of indefinite duration. Finally, she had called on the Eritrean regime to act responsibly on the issue, cooperate with partners committed to ending such abuses and to progressively review procedures and practices regarding refugees and migration issues.

The Worker member of Canada addressed the issue of the use of national compulsory service for non-military economic development, and indicated that the ruling party owned a national construction company which employed forced labour to build roads, housing and other earthworks throughout the country. This had been confirmed by examining the activities of the company conducted in association with large foreign multinationals from Australia, Canada, China and the United Kingdom which were exploiting some of Eritrea’s substantial mineral deposits. She referred in particular to a Canadian-owned company which had operated the Bisha mining project since 2010. Data showed that this company was one of the largest foreign investors in Eritrea and that Eritrea was Canada’s largest source of gold from sub-Saharan Africa. Eritrea virtually compelled foreign multinationals to subcontract their construction activities to this Eritrean company, thereby contracting them out to forced labour. This had come to light following a lawsuit launched in Canada against the related Canadian multinational by a number of Eritreans who had worked for the subcontracted company. The complainants asserted that it had conspired with the Eritrean Government to force them and other conscripted workers to work at the Bisha mine, with low pay, poor housing, insufficient medical services and inadequate food. A 2013 Human Rights Watch report confirmed these allegations. She wondered why the issue had not been identified by the Canadian Government’s corporate social responsibility programme or rectified once it came to light. Diplomatic relations with Eritrea should make clear that countries would not allow investment flows to industrial projects using forced labour. While Eritrea was responsible for the use of forced labour, foreign companies and investors should not benefit from it, and governments should make sure that these abuses did not occur.

The Worker member of Ghana, also speaking on behalf of the Worker members of Nigeria and Sierra Leone, said that hundreds of young men, women and children in search of a place to pursue their life’s aspirations engaged in life-threatening and dangerous escapes to Europe, often resulting in their death. Many of these young people were Eritreans who were pushed out of the country in large part by the situation of emergency, perpetual militarization and the situation relating to compulsory national service, as described by the Committee of Experts. This situation continued to constrain individual and collective economic activities. Although the border situation with Ethiopia in the war of 1998–2000 had triggered this practice, the WYDC adopted in 2002 allowed the conscription of all citizens between the ages of 18 and 40 for an indefinite period to national service. The perpetuation of militarization was no longer justifiable. The Government’s statement that the obligation to perform compulsory national service formed part of the exceptions provided for in the Convention was clearly erroneous. Ample evidence existed that people had worked for up to 15 years, in some cases with supressed incomes, within the context of so-called normal “civic obligations” and under a camouflage of perpetual military duties. The Government of Eritrea was therefore using the national service arrangements to shore up national economic development efforts, which was contrary to the spirit and letter of the Convention. Recalling that, although international human rights law gave the people of Eritrea the right to work for the advancement of their individual goals and ambitions, and the importance of Eritrean citizens contributing to ensure national economic prosperity, he nonetheless emphasized that forced labour could not be the way to pursue such goals. The Government should therefore be urged to accept ILO technical assistance.

The Government representative emphasized that the Government was opposed to forced labour, that it was currently working towards its abolition, and that it would continue to work towards this objective. He indicated that the root cause of this issue was related to the situation of the country as referred to in his earlier statement. The current conditions were not being used as an excuse to promote forced labour, but they were such that the Government was forced into this situation. He once again emphasized that it was important to address the root cause of forced labour, namely the “no peace, no war” situation, rather than to look at the outcome. This situation was not only the root cause of forced labour, but also of other problems. He called on the Conference and the ILO to work together to address the border conflict issue and the situation of “no peace, no war” to achieve peace and stability in the country. Without a solution in this regard, there would be drawbacks, even if laws and regulations were improved. When seeking a solution, all issues should be addressed, including technical aspects relating to labour issues and forced labour. He said that the Government looked forward to working together to try to influence and implement the final and binding decision of the Boundary Commission.

The Employer members once again thanked the Government for the information provided. They wished to make clear that they were sensitive to the difficult context and the challenges relating to the border conflict and the specific circumstances referred to by the Government. However, they indicated that it was important for the Government to understand the very serious concerns they had concerning the reiterated explanations provided by the Government in relation to the application of the Convention. In this regard, they remained concerned that the Government did not fully appreciate the comments of the Committee of Experts concerning the issue of forced labour which continued to exist in the framework of national compulsory service. They nevertheless believed that the Government was willing to work together with the ILO to understand more fully its obligations under the Convention, which were applicable despite the current context. They therefore recommended that the Government should accept ILO technical assistance in order to achieve the objective of eradicating forced labour in the context of national service, as well as measures to amend or repeal the Proclamation on National Service and the WYDC of 2002.

The Worker members said that, while they understood the difficulties Eritrea faced, the fact remained that the population was directly affected as a result and was suffering. The response to these difficulties should not be to force the population to work and, moreover, to do so in terrible conditions. The excessive militarization of society had created a situation in which human rights violations stemmed from legislation and the policies and practices followed by the Government. A large proportion of the population was subjected to forced labour through indefinite national service, which included compulsory non-military work. The Government should therefore be called upon to: put an end to indefinite national service by abolishing the WYDC and repealing the Proclamation on National Service; terminate the use of conscripts to perform work that was not purely military in nature, particularly in the private sector; end the military conscription of children; investigate allegations of killings, torture, kidnappings and other violations committed in the context of the national service; close secret detention facilities, guarantee the physical integrity of prisoners, and ensure they had access to medical treatment, as well as adequate detention conditions, in accordance with international standards; and put a stop to reprisals, such as the extortion of money, against the families of deserters. Given the systematic exaction of forced labour that had been practised in Eritrea for many years, the Worker members had considered that the inclusion of this case in a special paragraph of the Committee’s report was justified. However, the Government had recognized that the difficulties faced by the country did not excuse the imposition of forced labour and had asked the ILO for technical assistance. The Worker members therefore requested, in view of the serious and urgent nature of the situation, that direct contact should be established between the Office and the Government in order to support the country in meeting its obligation to end forced labour and to consider what technical assistance could be provided.

Conclusions

The Committee took note of the oral information provided by the Government representative on the issues raised by the Committee of Experts and the discussion that followed relating to the large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of the national service programme which encompassed all areas of civilian life and was therefore much broader than military service. These members of the national service also performed other duties, such as participating in the construction of roads and bridges, reforestation activities, soil and water conservation and activities aimed at food security. The obligation to perform compulsory national service was stipulated in the Proclamation on National Service of 1995 and the Warsai Yakaalo Development Campaign of 2002. The discussions had also highlighted that workers who refused to carry out work within the framework of the national service were faced with arbitrary arrest and detention and imprisonment in inhumane conditions.

The Committee noted the Government’s indication that its national laws were compatible with the requirements of Convention No. 29 since compulsory national service, normal civic obligations, communal services and services rendered in case of emergency could not be considered as forced labour. The Government highlighted that the ongoing border conflict and the absence of peace and stability had affected the labour administration of the country. In view of the “no peace, no war” status, it was not possible to implement the final and binding decision of the Eritrea–Ethiopia Boundary Commission. Moreover, there were unpredictable weather conditions which further contributed to a “threat of war and famine”. In view of these specific circumstances, the exceptions in Article 2(2) of Convention No. 29 relating to cases of emergency applied, which justified the prolongation of the duration beyond the stipulations in the Proclamation on National Service of 1995 and the adoption by the National Assembly in 2002 of the Warsai Yakaalo Development Campaign. The cases of compulsory services were strictly limited to the requirements of the current situation and community interests, and were not used for the benefit of private companies or individuals. The Government had no intention of using national service in all-round activities and to extend the service duration indefinitely. Despite the threat of war and famine, the Government was demobilizing conscripts due to health and other social issues. Finally, the Committee noted the Government’s statement that it wished to avail itself of ILO technical assistance.

Taking into account the discussion that took place, the Committee urged the Government to:

• accept ILO technical assistance in order to fully comply with its obligations under Convention No. 29;
• amend or revoke the Proclamation on National Service and the Warsai Yakaalo Development Campaign of 2002 to bring to an end forced labour associated with the national service programme, and ensure the cessation of the use of conscripts in practice in line with Convention No. 29; and
• immediately release all imprisoned “draft evaders” who refused to participate in conscription exacted in contravention of Convention No. 29.

The Government representative said that he could not accept the allegations and misinformation concerning alleged child soldiers and extortion. He urged the ILO and the international community to assist in implementing the binding decision of the Eritrea–Ethiopia Boundary Commission.

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Communication of texts. The Committee has noted the Government’s indication in its report that the new draft Penal Code has not yet been enacted by the National Assembly. The Committee hopes that the Government will supply a copy of the new Penal Code, once it is adopted. It also hopes that the Government will not fail to provide, with its next report, copies of laws and regulations governing the execution of penal sentences, as well as compulsory military service laws.

Articles 1(1) and 2(1) of the Convention. Compulsory national service. Over a number of years, the Committee has been referring to section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), under which the expression “forced labour” does not include compulsory national service. It noted that, under article 25(3) of the Constitution of Eritrea, citizens must complete their duty in national service. The Committee has also noted the Government’s repeated reference in its reports to a declaration known as “Warsai Yikaallo Campaign”, promulgated by the National Assembly of Eritrea, through which the population has been engaged in considerable programmes, mainly in reforestation, soil and water conservation, as well as reconstruction activities, as part and parcel of food security programmes.

The Committee recalled, referring also to the explanations provided in paragraphs 62–64 of its 2007 General Survey on the eradication of forced labour, that Article 2(2)(d) of the Convention exempts from its provisions “any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population”. This exception, which involves the concept of emergency, applies in restricted circumstances. In order to respect the limits of the exception, the power to call up labour should be confined to genuine cases of emergency, or force majeure, that is, a sudden, unforeseen happening calling for instant countermeasures. Moreover, the duration and extent of compulsory service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation. On the other hand, the exception in Article 2(2)(d) concerning emergencies should not be understood as allowing the exaction of any kind of compulsory service in case of war, fire or earthquake; this exception can be invoked only for work or service that is strictly required to counter an imminent danger to the population.

The Committee takes due note of the Government’s description of the factual situation in the country, which is referred to as a “threat of war situation”. It further notes the Government’s statement that necessary measures are being taken in practice to limit the exaction of compulsory services to genuine cases of emergency and to take into consideration, in case of compulsory labour, the well-being of people, the specific purpose of the work and the duration of the service.

In this regard, the Committee once again refers to the provisions of article 27 of the Constitution of Eritrea, according to which a state of emergency may be declared by the President by a proclamation published in the Official Gazette, which is subject to approval by the National Assembly and remains in force for a period of six months, which may be extended by the National Assembly for a period of three months at a time. In the absence of such a declaration of emergency, which should also have been limited in duration, if adopted, the Committee points out once again that the existing large-scale and systematic practice of imposing compulsory labour on the population 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 expresses the firm hope that the necessary measures will be taken, both in law and in practice, so as to limit the exaction of compulsory work or services from the population to genuine cases of emergency, or force majeure, that is, to circumstances endangering the existence or the well-being of the whole or part of the population, and to ensure that the duration and extent of such compulsory work or services, as well as the purpose for which it is used, is limited to what is strictly required by the exigencies of the situation. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the compulsory national service programme and its application in practice, supplying copies of rules and regulations governing such service.

Freedom of career military personnel and public service employees to leave their service. The Committee notes with regret that the Government’s report contains no information on this issue. The Committee therefore requests the Government once again to indicate any provisions applicable to career military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length. Please also provide information on provisions applicable to public service employees as regards their right to leave the service at their own request.

Article 2(2)(a). Compulsory military service. Referring to the above considerations concerning compulsory national service (article 25(3) of the Constitution of Eritrea, section 3(17) of Labour Proclamation No. 118/2001), the Committee has noted the Government’s repeated statement in its reports that the main purpose of compulsory national service is to carry out military service. The Committee recalls once again, that under Article 2(2)(a) of the Convention, compulsory military service is excluded from its scope only if used “for work of a purely military character”. The Committee therefore repeats its requests to the Government to indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends and to supply copies of the relevant provisions.

Article 2(2)(c). Prison labour. As regards guarantees to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations, the Committee notes the Government’s renewed statement in its report that such guarantees will be provided by the draft Penal Code of Eritrea. The Committee hopes that the Government will supply a copy of the new Penal Code, once it is adopted. It also requests the Government once again to provide information on the provisions governing the work of convicted persons, supplying copies of relevant texts.

Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3(17) of the Labour Proclamation, the expression “forced labour” does not include communal services. The Committee has noted that, in its report, the Government refers in this connection to various micro dams, roads and forestation programmes, which have been completed over the past 19 years. The Committee further notes the Government’s indications in its report that minor services in Eritrea are related to maintenance work and performed in the direct interest of the community. Noting also the Government’s statements concerning the small scale of such works and consultations of the members of the community, the Committee requests the Government to describe in detail such communal service programmes, giving concrete examples of the works performed and supplying copies of relevant provisions. Please also indicate specific cases in which the members of the community or their direct representatives have been consulted in regard to the need for communal services.

Article 25. Penal sanctions. In its earlier comments, the Committee noted that, according to section 9 of the Labour Proclamation, an employer who engages in forced labour shall be punishable under the Penal Code. It notes the Government’s statement in its report that the new Penal Code now under elaboration will provide adequate penalties for the violation of the provisions of the Convention. The Committee therefore reiterates its hope that the new Penal Code will be adopted in the near future and that it will contain provisions giving effect to Article 25 of the Convention, which requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced.

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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:

Communication of texts. The Committee has noted the Government’s indication in its report that the drafting of the new Penal Code has reached its final stage and that a copy will be communicated to the ILO, as soon as the Code is enacted by the National Assembly. The Committee hopes that the Government will supply a copy of the new Penal Code, once it is adopted. It also hopes that the Government will not fail to provide, with its next report, copies of laws and regulations governing the execution of penal sentences, as well as compulsory military service laws.

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. 
1. Compulsory national service. The Committee previously noted that, under section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), the expression “forced labour” does not include compulsory national service. It has also noted that, under article 25(3) of the Constitution of Eritrea, citizens must complete their duty in national service. The Government indicates in its latest report that, under the compulsory national service programme, the whole society is compelled to participate in the activities of agriculture, construction and defence. According to the report, though the required service has been planned for 18 months, the National Assembly of Eritrea promulgated a declaration which is known as “Warsai Yikaallo Campaign”, through which the population has been engaged in considerable programmes, mainly in reforestation, soil and water conservation, as well as reconstruction activities, as part and parcel of food security programme. The Government states that the current factual situation in Eritrea can be characterized as “no war no peace situation”. It also concludes that, since Eritrea is in a threat of war, the current situation amounts to an emergency situation.

The Committee recalls in this connection, referring also to the explanations provided in paragraphs 62–64 of its 2007 General Survey on the eradication of forced labour, that Article 2(2)(d) of the Convention exempts from its provisions “any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population”. This exception, which involves the concept of emergency, applies in restricted circumstances where a calamity or threatened calamity endangers the existence or well-being of the whole or part of the population. In order to respect the limits of the exception provided for in the Convention, the power to call up labour should be confined to genuine cases of emergency, or force majeure, i.e. a sudden, unforeseen happening calling for instant countermeasures. Moreover, the duration and extent of compulsory service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation. On the other hand, the exception in Article 2(2)(d) concerning emergencies should not be understood as allowing the exaction of any kind of compulsory service in case of war, fire or earthquake; this exception can be invoked only for work or service that is strictly required to counter an imminent danger to the population.

The Committee has noted the provisions of article 27 of the Constitution of Eritrea, according to which a state of emergency may be declared by the President by a proclamation published in the Official Gazette, which is subject to approval by the National Assembly and remains in force for a period of six months, which may be extended by the National Assembly for a period of three months at a time. In the absence of such a declaration of emergency, which should have been also limited in duration, if adopted, and taking into account the Government’s description of the factual situation in the country, which is referred to as “no war no peace situation”, it appears that the recourse to compulsory labour in these circumstances cannot be justified by invoking the exception of “emergency” under Article 2(2)(d).

Referring also to the explanations provided in paragraphs 89–91 of its General Survey of 2007 on the eradication of forced labour, the Committee emphasizes that the existing large-scale and systematic practices of imposing compulsory labour on the population within the framework of the national service programme is incompatible both with Conventions Nos 29 and 105, which prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. The Committee therefore trusts that the necessary measures will be taken, both in law and in practice, so as to limit the exaction of compulsory work or services from the population to genuine cases of emergency, or force majeure, i.e. to circumstances endangering the existence or the well-being of the whole or part of the population, and to ensure that the duration and extent of such compulsory work or services, as well as the purpose for which it is used, is limited to what is strictly required by the exigencies of the situation. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the compulsory national service programme and its application in practice, supplying copies of rules and regulations governing such service.

2. Freedom of career military personnel and public service employees to leave their service. Having noted that the Government’s report contains no information on this issue, the Committee again requests the Government to indicate any provisions applicable to career military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length. Please also provide information on provisions applicable to public service employees as regards their right to leave the service at their own request.

Article 2, paragraph 2, subparagraph (a). Compulsory military service. Referring to the above considerations concerning compulsory national service (article 25(3) of the Constitution of Eritrea, section 3(17) of Labour Proclamation No. 118/2001), the Committee has noted the Government’s indication in its report that the main purpose of compulsory national service is to carry out military service. The Committee recalls, referring also to the explanations provided in paragraphs 43‑46 of its 2007 General Survey on the eradication of forced labour, that under Article 2(2)(a) of the Convention, compulsory military service is excluded from its scope only if used “for work of a purely military character”. The Committee therefore again requests the Government to indicate whether guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends and to supply copies of the relevant provisions.

Article 2, paragraph 2, subparagraph (c). Prison labour. As regards guarantees to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations, the Committee has noted the Government’s indication in its report that such guarantees will be provided by the draft Penal Code of Eritrea. The Committee requests the Government to supply a copy of the new Penal Code, once it is adopted, and to provide information on the provisions governing the work of convicted persons, supplying copies of relevant texts.

Article 2, paragraph 2, subparagraph (e). Minor communal services. The Committee previously noted that, under section 3(17) of the Labour Proclamation, the expression “forced labour” does not include communal services. The Committee has noted that, in its latest report, the Government refers in this connection to various micro dams, roads and forestation programmes, which have been completed over the past 16 years.

The Committee recalls that Article 2(2)(e) of the Convention exempts from its provisions “minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services”. Referring also to the explanations provided in paragraphs 65–66 of its General Survey of 2007 on the eradication of forced labour, the Committee draws the Government’s attention to the following criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services which, under the terms of the Convention, must be abolished (such as forced labour for general or local public works):

–      the services must be “minor services”, i.e. relate primarily to maintenance work and – in exceptional cases – to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

–      the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group;

–      the “members of the community” (i.e. the community which has to perform the services) or their “direct” representative (e.g. the village council) must “have the right to be consulted in regard to the need for such services”.

The small scale of such works must also be reflected in their short duration, which should be such as to make these services really “minor”.

The Committee therefore requests the Government to describe the measures, taken or envisaged, in order to ensure full compliance with the Convention on this point, both in legislation and in practice. Pending the adoption of such measures, please continue to describe such communal services programmes, supplying copies of relevant provisions and indicating, in particular, whether the members of the community or their direct representatives have been consulted in regard to the need for such services.

Article 25. Penal sanctions. The Committee previously noted the provision of section 9 of the Labour Proclamation, according to which an employer who engages in forced labour shall be punishable under the Penal Code. It has also noted the Government’s statement in its latest report that the new Penal Code now under elaboration will provide adequate penalties for the violation of the provisions of the Convention. Recalling that Article 25 of the Convention requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee reiterates its hope that the new Penal Code will be adopted in the near future and that it will contain provisions giving effect to this Article of the Convention.

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Communication of texts. The Committee has noted the Government’s indication in its report that the drafting of the new Penal Code has reached its final stage and that a copy will be communicated to the ILO, as soon as the Code is enacted by the National Assembly. The Committee hopes that the Government will supply a copy of the new Penal Code, once it is adopted. It also hopes that the Government will not fail to provide, with its next report, copies of laws and regulations governing the execution of penal sentences, as well as compulsory military service laws.

Articles 1(1) and 2(1) of the Convention. 1. Compulsory national service. The Committee previously noted that, under section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), the expression “forced labour” does not include compulsory national service. It has also noted that, under article 25(3) of the Constitution of Eritrea, citizens must complete their duty in national service. The Government indicates in its latest report that, under the compulsory national service programme, the whole society is compelled to participate in the activities of agriculture, construction and defence. According to the report, though the required service has been planned for 18 months, the National Assembly of Eritrea promulgated a declaration which is known as “Warsai Yikaallo Campaign”, through which the population has been engaged in considerable programmes, mainly in reforestation, soil and water conservation, as well as reconstruction activities, as part and parcel of food security programme. The Government states that the current factual situation in Eritrea can be characterized as “no war no peace situation”. It also concludes that, since Eritrea is in a threat of war, the current situation amounts to an emergency situation.

The Committee recalls in this connection, referring also to the explanations provided in paragraphs 62–64 of its 2007 General Survey on the eradication of forced labour, that Article 2(2)(d) of the Convention exempts from its provisions “any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic or epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population”. This exception, which involves the concept of emergency, applies in restricted circumstances where a calamity or threatened calamity endangers the existence or well-being of the whole or part of the population. In order to respect the limits of the exception provided for in the Convention, the power to call up labour should be confined to genuine cases of emergency, or force majeure, i.e. a sudden, unforeseen happening calling for instant countermeasures. Moreover, the duration and extent of compulsory service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation. On the other hand, the exception in Article 2(2)(d) concerning emergencies should not be understood as allowing the exaction of any kind of compulsory service in case of war, fire or earthquake; this exception can be invoked only for work or service that is strictly required to counter an imminent danger to the population.

The Committee has noted the provisions of article 27 of the Constitution of Eritrea, according to which a state of emergency may be declared by the President by a proclamation published in the Official Gazette, which is subject to approval by the National Assembly and remains in force for a period of six months, which may be extended by the National Assembly for a period of three months at a time. In the absence of such a declaration of emergency, which should have been also limited in duration, if adopted, and taking into account the Government’s description of the factual situation in the country, which is referred to as “no war no peace situation”, it appears that the recourse to compulsory labour in these circumstances cannot be justified by invoking the exception of “emergency” under Article 2(2)(d).

Referring also to the explanations provided in paragraphs 89–91 of its General Survey of 2007 on the eradication of forced labour, the Committee emphasizes that the existing large-scale and systematic practices of imposing compulsory labour on the population within the framework of the national service programme is incompatible both with Conventions Nos 29 and 105, which prohibits the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. The Committee therefore trusts that the necessary measures will be taken, both in law and in practice, so as to limit the exaction of compulsory work or services from the population to genuine cases of emergency, or force majeure, i.e. to circumstances endangering the existence or the well-being of the whole or part of the population, and to ensure that the duration and extent of such compulsory work or services, as well as the purpose for which it is used, is limited to what is strictly required by the exigencies of the situation. Pending the adoption of such measures, the Committee requests the Government to continue to provide information on the compulsory national service programme and its application in practice, supplying copies of rules and regulations governing such service.

2. Freedom of career military personnel and public service employees to leave their service. Having noted that the Government’s report contains no information on this issue, the Committee again requests the Government to indicate any provisions applicable to career military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length. Please also provide information on provisions applicable to public service employees as regards their right to leave the service at their own request.

Article 2(2)(a). Compulsory military service. Referring to the above considerations concerning compulsory national service (article 25(3) of the Constitution of Eritrea, section 3(17) of Labour Proclamation No. 118/2001), the Committee has noted the Government’s indication in its report that the main purpose of compulsory national service is to carry out military service. The Committee recalls, referring also to the explanations provided in
paragraphs 43–46 of its 2007 General Survey on the eradication of forced labour, that under Article 2(2)(a) of the Convention, compulsory military service is excluded from its scope only if used “for work of a purely military character”. The Committee therefore again requests the Government to indicate whether guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends and to supply copies of the relevant provisions.

Article 2(2)(c). Prison labour. As regards guarantees to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations, the Committee has noted the Government’s indication in its report that such guarantees will be provided by the draft Penal Code of Eritrea. The Committee requests the Government to supply a copy of the new Penal Code, once it is adopted, and to provide information on the provisions governing the work of convicted persons, supplying copies of relevant texts.

Article 2(2)(e). Minor communal services. The Committee previously noted that, under section 3(17) of the Labour Proclamation, the expression “forced labour” does not include communal services. The Committee has noted that, in its latest report, the Government refers in this connection to various micro dams, roads and forestation programmes, which have been completed over the past 16 years.

The Committee recalls that Article 2(2)(e) of the Convention exempts from its provisions “minor communal services of a kind which, being performed by the members of the community in the direct interest of the said community, can therefore be considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services”. Referring also to the explanations provided in paragraphs 65–66 of its General Survey of 2007 on the eradication of forced labour, the Committee draws the Government’s attention to the following criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services which, under the terms of the Convention, must be abolished (such as forced labour for general or local public works):

–      the services must be “minor services”, i.e. relate primarily to maintenance work and – in exceptional cases – to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

–      the services must be “communal services” performed “in the direct interest of the community”, and not relate to the execution of works intended to benefit a wider group;

–      the “members of the community” (i.e. the community which has to perform the services) or their “direct” representative (e.g. the village council) must “have the right to be consulted in regard to the need for such services”.

The small scale of such works must also be reflected in their short duration, which should be such as to make these services really “minor”.

The Committee therefore requests the Government to describe the measures, taken or envisaged, in order to ensure full compliance with the Convention on this point, both in legislation and in practice. Pending the adoption of such measures, please continue to describe such communal services programmes, supplying copies of relevant provisions and indicating, in particular, whether the members of the community or their direct representatives have been consulted in regard to the need for such services.

Article 25. Penal sanctions. The Committee previously noted the provision of section 9 of the Labour Proclamation, according to which an employer who engages in forced labour shall be punishable under the Penal Code. It has also noted the Government’s statement in its latest report that the new Penal Code now under elaboration will provide adequate penalties for the violation of the provisions of the Convention. Recalling that Article 25 of the Convention requires that the penalties imposed by law for the illegal exaction of forced or compulsory labour should be really adequate and strictly enforced, the Committee reiterates its hope that the new Penal Code will be adopted in the near future and that it will contain provisions giving effect to this Article of the Convention.

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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:

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

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

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

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

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

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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.

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

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

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

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

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

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

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

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

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

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