Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Prohibited grounds of discrimination. The Committee notes the Government’s indication that appropriate measures will be taken to amend sections 23(4) and 118(7) of the Labour Proclamation to prohibit discrimination based on a person’s place of birth, ancestry of foreign origin, which is covered under the ground of “national extraction”. The Committee also recalls that the draft Civil Service Proclamation, while including the grounds of “ethnic origin” and “social status”, does not specifically refer to “national extraction” or “social origin” and notes that the draft has not been adopted. The Committee asks the Government to indicate the concrete steps to amend the Labour Proclamation, so as to provide explicitly for protection of all workers from discrimination based on national extraction, and to indicate any progress made in this respect. It also asks the Government to ensure that the new Civil Service Proclamation prohibits discrimination on all the grounds set out in Article 1(1)(a) of the Convention, including “national extraction” and “social origin”.

Indirect discrimination. The Committee notes that the Government maintains its position that all Eritrean laws dealing with discrimination are designed to avoid both direct and indirect discrimination. The Government also states that there is no information concerning cases of indirect discrimination, which the Committee considers could indicate a lack of appropriate legal framework or lack of awareness of the concept. It notes the Government’s indication that adding an explicit definition of direct and indirect discrimination will be considered in the current amendment process. The Committee recalls that the concept of indirect discrimination is imperative to identify and address situations in which certain treatment is extended equally to everybody, but leads to discriminatory results for one particular group protected by the Convention; such discrimination is subtle and less visible, making it even more important to ensure there is a clear framework for addressing it (General Survey on fundamental Conventions, 2012, paragraph 746). The Committee asks the Government to take concrete steps to amend the legislation so as to include explicit definitions on direct and indirect discrimination in employment and occupation, and to provide information on any progress made in this regard. Please also provide information on any cases of indirect discrimination dealt with by the courts and of any steps taken to raise awareness of indirect discrimination.

Scope of the Labour Proclamation. Domestic workers. The Committee recalls the Government’s previous indication that a study was under way to adopt a regulation concerning the applicability of the provisions of the Labour Proclamation to domestic workers. The Committee also recalls that excluding certain categories or sectors from the scope of general labour law may adversely affect primarily workers of a particular sex or ethnic origin, and that the exclusions could constitute indirect discrimination (General Survey, 2012, paragraph 739). The Committee asks the Government to adopt measures to provide effective protection against discrimination in employment and occupation for domestic workers. It also asks the Government to provide information on the results of the study conducted concerning the application of the Labour Proclamation to domestic workers.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s reference to the Macro Policy, which provides in general terms for the decisive role of women for the socio-economic, political and cultural transformation of the country, and the equal rights of women. The Committee also notes that a National Gender Action Plan for the period 2003–08 provides for priority areas including women’s economic empowerment, and education and training of women. The Committee asks the Government to indicate whether the National Gender Action Plan 2003–08 has been updated, and to provide information on the contents of any national equality policy. Noting the Government’s indication that the statistical information was not available, the Committee asks the Government to collect and analyse sex disaggregated data on the distribution of men and women employed in the various sectors of the economy, occupations and positions of responsibility 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 Committee asks the Government to refer also to the Committee’s comments under Equal Remuneration Convention, 1951 (No. 100) in this respect.

Equality of opportunity and treatment of ethnic minorities. The Committee notes that the Government’s report contains no new information on this matter. The Committee asks the Government to adopt measures to promote the participation of members of ethnic minorities in vocational and technical training. It also asks the Government to provide detailed information on any other measures taken to ensure in practice equality of opportunity and treatment in employment and occupation of members of ethnic minorities.

Enforcement. The Committee notes the Government’s indication that there are no judicial decisions, no labour inspection reports and no claims lodged with the Ministry of Labour and Human Welfare concerning cases of discrimination in employment and occupation pursuant to section 65(2) of the Labour Proclamation. The Committee also notes that the Government again refers to the necessity for further public awareness raising and capacity building of the Government and social partners, without indicating any specific measures in this regard. The Committee asks the Government to take specific measures to raise awareness of the principle of equality and non-discrimination in employment and occupation, as well as of the complaint mechanism, among public officials, lawyers, judges and labour inspectors, as well as workers and employers and their organizations. The Committee also asks the Government to continue to provide information on any cases involving discrimination in employment and occupation dealt with by the competent authorities.

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 recalls its previous comments having noted 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. In this connection, the Committee notes that the final award for damages claims was rendered on 17 August 2009, while the Claims Commission, in its decision of 27 July 2007, recognized that each State party had full authority to determine the use and distribution of any damages awarded to it. The Committee asks the Government to provide specific information on the actual relief or remedies granted to the workers displaced following the outbreak of the 1998 border conflict, as well as the statistical data available on the number of Ethiopian workers currently employed in Eritrea.