Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Communication of texts. The Committee has noted the Government’s indication in its report that the drafting of the new Penal Code and the Civil Service Code has reached its final stage and that copies will be communicated to the ILO, as soon as the Codes are enacted by the National Assembly. The Committee hopes that the Government will supply copies of the new Penal Code and the Civil Service Code, once they are adopted. It also hopes that the Government will not fail to provide, with its next report, a copy of the law governing political parties and any provisions governing labour discipline in merchant shipping. Please also communicate a copy of the Transitional Criminal Procedural Code of Eritrea, as well as any rules and regulations governing the execution of penal sentences, which might have been adopted under this Code.

Article 1(a) of the Convention. Penal sanctions for violation of provisions restricting political freedoms. 1. The Committee previously noted that, under article 26 of the Constitution of Eritrea, certain fundamental rights and freedoms guaranteed under the Constitution may be limited in the interests of national security, public safety or economic well-being of the country, for the prevention of public disorder, etc. It requested the Government to describe any restrictions imposed by law on the freedom of speech and expression, freedom of the press and other media, on the right to assemble and to demonstrate peacefully and on the right to form political parties, indicating sanctions which may be imposed for violation of such restrictions.

The Committee has noted the Government’s statement in the report that there has been no restriction of the fundamental rights and freedoms so far. The Government also indicates that public assemblies, meetings and demonstrations are governed only by the provisions of article 19 of the Constitution of Eritrea. While noting these indications, the Committee requests the Government to describe the procedure of organization of public assemblies, meetings and demonstrations, indicating, in particular, whether any sanctions can be imposed in case of the non-respect of the prescribed procedure, e.g. for failure to obtain a permit to organize a public meeting. Please also indicate whether there are any restrictions to form political parties or associations and whether such restrictions are enforceable with penal sanctions, supplying copies of the relevant provisions.

2. The Committee has noted that under certain provisions of the Press Proclamation (No. 90/1996), various offences connected with violation of restrictions on printing and publishing (such as, for example, printing or reprinting for an Eritrean newspaper or publication which does not have a permit; printing or disseminating a foreign newspaper or publication which has been prohibited from entry into Eritrea; publishing inaccurate news or information disrupting general peace, etc. (section 15(3), (4) and (10)), are punishable with penalties of imprisonment, which involves an obligation to work.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system, such views may be expressed either orally or through the press and other communications media. The Committee refers in this connection to the explanations provided in paragraphs 152–166 of its 2007 General Survey on the eradication of forced labour, where it has observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence, but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision.

The Committee, therefore, hopes that, in the light of the above explanations, measures will be taken, on the occasion of the revision of the legislation in connection with the adoption of the new Penal Code, in order to bring the above provisions into conformity with the Convention. It requests the Government to provide, in its next report, information on the progress made in this regard.

Article 1(b). Compulsory national service for development purposes. The Committee refers to its comments concerning compulsory national service (article 25(3) of the Constitution of Eritrea, section 3(17) of the Labour Proclamation No. 118/2001) addressed to the Government under Convention No. 29, likewise ratified by Eritrea, in which it pointed out that the existing 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.

Article 1(d). Punishment for having participated in strikes. Referring to its comments made under Convention No. 87, likewise ratified by Eritrea, the Committee previously noted certain provisions of the Labour Proclamation of Eritrea (No. 118/2001), under which participation in unlawful strikes shall be considered as unfair labour practices (section 119(8)) punishable with fines (section 156), unless the provisions of the Penal Code provide for more severe penalties (section 154). The Committee requested the Government to indicate whether any penal sanctions are applicable for participation in unlawful strikes, and, if so, supply information on their application in practice, including copies of any relevant court decisions.

The Committee has noted from the Government’s report that, under sections 412 and 413 of the Transitional Penal Code of Eritrea, participation in strikes of public servants with the intention of disturbing public order or the public interest is punishable with imprisonment (which involves an obligation to work). While noting the Government’s indication that there have been no strikes in Eritrea and therefore the above provisions have not been applied in practice, the Committee hopes that the necessary measures will be taken, e.g., in connection with the adoption of the new Penal Code, in order to ensure, both in legislation and, in practice, that no sanctions involving compulsory labour can be imposed for having participated in strikes.