Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Prohibited grounds of discrimination. The Committee notes the Government’s explanations concerning the terms “nationality” and “lineage” used in sections 23(4) and 118(7) of the Labour Proclamation, to the effect that these terms were intended to ensure equal treatment of foreigners, i.e. non-citizens, in employment and occupation. While welcoming that section 23(4) covers discrimination based on nationality, the Committee recalls that the concept of national extraction in the Convention does not refer to distinctions that may be made between citizens of one country and those of another, but to distinctions on the basis of a person’s place of birth, ancestry or foreign origin. The Committee requests the Government to consider amending the legislation in order to provide explicitly for protection of all persons from discrimination based on national extraction and to indicate the measures taken to this end.

Indirect discrimination. The Committee notes the Government’s statement that all Eritrean laws dealing with discrimination are intended to avoid both direct and indirect discrimination. The Committee notes this information and requests the Government to provide information on any case of indirect discrimination in employment and occupation dealt with by the competent authorities. It requests the Government to consider including in the legislation explicit definitions of direct and indirect discrimination and to provide information on the steps taken in this regard.

Employment excluded from the scope of the Labour Proclamation.  The Committee notes the Government’s indication that the draft Civil Service Act which provides for non-discrimination on the basis of race, ethnic origin, language, colour, sex, religion, disability, political belief or opinion and social or economic status has not yet been enacted. The Committee requests the Government to ensure that the new civil service legislation’s provisions on non-discrimination cover all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, including national extraction and social origin.

The Committee also notes that the Government has not yet determined the provisions of the Proclamation that are applicable to domestic workers. The Committee requests the Government to take the necessary measures to ensure full and effective protection from discrimination in employment and occupation of domestic workers and to provide information on the specific steps taken or envisaged in this regard.

Equality of opportunity and treatment of men and women. The Committee previously noted with interest the constitutional protection of the human rights of women (article 7(2) of the Constitution) and the prohibition of discrimination and remedies contained in section 65 of the Labour Proclamation. In the absence of a reply to its previous comments, the Committee reiterates its request for information on the application and impact of these provisions in practice, including the number of complaints lodged with the Ministry of Labour under section 65(2). Recalling that under the Macro Policy of 1994, the participation of women in education and economic activities and employment was to be expanded, the Committee requests the Government to provide information on these and other practical measures taken towards achieving this objective. Please also provide statistical information on the current level of women’s participation in the various types of education and training, as well as information indicating the level of participation in economic activities, including the formal labour market.

Equality of opportunity and treatment of ethnic minorities. The Committee previously noted that the Ministry of Education provides vocational and technical training for disadvantaged ethnic groups. The Committee requests the Government to provide further information on this and any other measure taken to ensure equality of opportunity and treatment in employment and occupation of members of ethnic minorities.

Enforcement of the legislation. The Committee requests the Government to provide information on any cases involving discrimination based on race, colour, sex, religion, political opinion, national extraction, social origin or any other ground dealt with by the competent authorities, including the courts particularly indicating the facts, rulings, remedies provided and sanctions if any imposed. In this regard, please also indicate any measures taken to raise awareness of the non-discrimination provisions contained in the legislation among public officials, lawyers, judges and labour inspectors, as well as representatives of workers’ and employers’ organizations.

Follow-up to the representation made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers concerning Conventions Nos 111 and 158 (GB.282/14/5, November 2001). The Committee notes that the Government’s report contains no new information concerning this matter. The Committee requests the Government to provide information in its next report on any further decisions reached by the Claims Commission and on measures taken, in line with such decisions, to indemnify as fully as possible the workers displaced following the outbreak of the 1998 border conflict, in accordance with Conventions Nos 111 and 158, and to grant appropriate relief.