Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Eritrea (Ratification: 2000)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Scope of the Labour Proclamation. Domestic workers. In reply to the Committee’s request, the Government states that all labour rights enshrined in the Labour Proclamation are applicable to domestic workers and that their working conditions are governed by the Civil Code. The Committee asks the Government to provide the relevant provisions of the Civil Code regulating the working conditions of domestic workers. The Committee also asks the Government to provide information on any regulation adopted, pursuant to article 40 of the Labour Proclamation, identifying which provisions of the Labour Proclamation apply to all, or to any category of, domestic workers and the manner in which they are applied.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes the Government refers again to its 1994 Macro Policy, which states that the “participation of women in education and economic activities and employment should be expanded”. The Government indicates that it invests heavily to promote effective equality of opportunity and treatment in respect of access to education and vocational training, encouraging female trainees to vocational and technical schools. The Government adds that despite the results achieved, it believes that great endeavours still remain to be dealt with. The Committee also notes from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), that “empowering women in all fields is among [its] major priorities”. Noting the lack of employment-related data, the Committee wishes to emphasize that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities, to design appropriate measures, to monitor and evaluate the impact of such measures and make any necessary adjustments and to enable an accurate assessment of changes over time. The Committee asks the Government to provide information on any updated gender policy or plan of action. The Committee asks the Government to provide information on the steps taken to eliminate the barriers that hinder girls’ and women’s access to education and training in all fields and at all levels, including measures taken to combat gender stereotypes regarding women’s aspirations, preferences and capabilities, and their role and responsibilities in society. The Committee also asks the Government to take steps: (i) to promote women’s access to employment, including to posts of responsibility; (ii) to reconcile work and family responsibilities; and (iii) to facilitate their access to land, credit and equipment in practice. While noting the statistics provided by the Government on the number of men and women registered as jobseekers and placed over the past 15 years, the Committee asks once again the Government to collect and analyse sex disaggregated data on the distribution of men and women employed in the various sectors of the economy, in both the public and the private sectors, as well as data regarding the participation of girls, women, boys and men in education and vocational training. The Government is asked to provide any studies available on gender equality in employment and occupation in the country.

Equality of opportunity and treatment of ethnic minorities. Affirmative measures. The Committee notes the Government’s indication that the Ministry of Education provides access to boarding schools for the purpose of providing vocational and technical training for some ethnic groups, who “were discriminated and neglected during colonization”. The Committee asks the Government to provide detailed and concrete information on these measures. The Government is also asked to provide detailed information on any other measures to ensure in practice equality of opportunity and treatment in employment and occupation. Such information should include information on any measures taken to address de facto inequalities, halt discrimination, redress the effects of past discriminatory practices and to restore a balance, specifying the type and duration of the measures concerned, their specific aim and the groups concerned. In order to be able to assess the participation of ethnic minorities in the labour market, the Committee also asks the Government to provide any available information on the employment and occupation of such minorities, if possible disaggregated by sex.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Migrant workers. The Committee recalls its previous comments that almost all the cases of termination of employment of Ethiopian workers had been settled, and that those who had received their severance pay and other compensation had left the country voluntarily. The Committee also notes the Government’s indication in its report that no progress had been made since the award was rendered (17 August 2009) by the Eritrea-Ethiopia Claims Commission and the whole process reached into a deadlock. Given the recent developments concerning the signature of a Peace Agreement with Ethiopia in July 2018, the Committee asks the Government to ensure that the cases of all the workers displaced following the outbreak of the 1998 border conflict have been settled and provide specific information in this regard. The Committee also reiterates its request for information on the number of Ethiopian workers currently employed in Eritrea.

Application of the Convention in practice. Enforcement and awareness-raising. The Committee notes the Government’s indication that a number of cases of discrimination on the basis of sex have been reported to the Ministry of Labour and Human Welfare under section 65(2) of the Labour Proclamation. The Government also indicates that it provides awareness and training activities on the principle of equal opportunities in employment and occupation among competent public officials, judges, labour inspectors and representatives of employers’ and workers’ organizations. The Committee asks the Government to provide more specific information on the number and nature of cases of discrimination reported to the Ministry of Labour and Human Welfare as well as on their outcomes and to provide any judicial decisions in this regard. While noting the Government’s reference to its need for technical assistance from the ILO, regarding awareness-raising activities, the Committee asks the Government to continue to take proactive measures to raise awareness of competent public officials and social partners on all forms of discrimination and the promotion of equal opportunities and treatment among the whole population, and to provide specific information on the activities carried out.