Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) on 24 August 2010 concerning issues already raised by the Committee. The Committee requests the Government to provide its observations thereon.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. In its previous comments, the Committee requested the Government to provide information or statistics regarding any organization established by workers excluded from the application of the Labour Proclamation (section 3), in particular as regards judges, prosecutors, registrars, civil service employees and employees in managerial positions. The Committee notes that the Government indicates that: (i) none of the workers mentioned in the above categories are wholly excluded from the right to organize; (ii) professional associations (teachers, medical doctors and pharmacists) have been established in Eritrea and that most of their members are civil service employees; (iii) except the military and the police force, all employers and employees have the right to organize; and (iv) unfortunately, the statistics regarding any organization established by workers exempted from the application of the Labour Proclamation are not yet available. In these circumstances, the Committee hopes that the information or statistics regarding organizations established by workers excluded from the application of the Labour Proclamation will be available in the near future and requests the Government to provide information in this respect in its next report.

Moreover, the Committee had previously requested the Government to provide specific information concerning the status of the Civil Servants’ Proclamation. The Committee notes that the Government once again reiterates that the drafting of the legal text concerning public servants, reached its final stage and would be communicated to the ILO once adopted. The Committee requests the Government to transmit a copy of the Civil Servants’ Code as soon as it has been adopted.

Article 3. Right to strike. In its previous comments, the Committee requested the Government to amend section 116(3) of the Labour Proclamation pursuant to which an agreement of more than half of the employees of an undertaking is necessary to hold a strike. The Committee notes that the Government indicates that the majority provided in section 116(3) of the Labour Proclamation (in an undertaking where there is an association but the majority of the employees are not members of the association) is compatible with the Convention. The Committee once again recalls that when legislative provisions require a vote by workers before a strike can be held, the Government should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see General Survey on freedom of association and collective bargaining, 1994, paragraph 170). The Committee requests the Government to take the necessary measures to amend section 116(3) of the Labour Proclamation taking into account the abovementioned principle and to provide information in its next report on any measure adopted in this respect.