Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Abolition of Forced Labour Convention, 1957 (No. 105) - Eritrea (Ratification: 2000)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been requesting the Government to take the necessary measures to review the following legislative provisions, which could lead to the imposition of penalties of imprisonment, which involve compulsory prison labour pursuant to section 110(1) of the Transitional Penal Code, for acts through which citizens can express political views or opinions opposed to the established political system:

From Press Proclamation No. 90/1996:

• –section 15(3), according to which a person who prints or reprints for an Eritrean newspaper or publication which does not have a permit, or which is prohibited from printing or reprinting shall be punishable with imprisonment from six months to one year, or a fine;
• –section 15(4), pursuant to which a person who prints or disseminates a foreign newspaper or publication which has been prohibited from or not permitted entry to Eritrea shall be punishable with imprisonment from six months to one year, or a fine;
• –section 15(10), according to which the editor-in-chief and the journalist who disrupts general peace by publishing inaccurate news shall be punishable to penalties ranging from simple imprisonment to a life sentence.

From Proclamation No. 73/1995: Proclamation to legally standardize and articulate religious institutions and activities:

• –section 3(3), read together with section 11(2), pursuant to which the author of a religious publication that interferes directly or indirectly with government politics and creates public unrest shall be punishable by a fine or imprisonment for up to two years, or both.

The Committee notes that the Government reiterates in its report that the expression of political opinions or beliefs is not considered a crime in Eritrea and is safeguarded by section 8 of the Transitional Civil Code, and is only subject to restrictions provided by the law with regard to the rights of others and morality. The Government further indicates that section 404 of the Transitional Civil Code recognizes the right to form associations, that religious freedom is also guaranteed by the law, and that there shall be no interference with its exercise, as long as it is not utilized for political purposes and is not prejudicial to public order or morality. The Committee observes that the Government emphasizes that no citizen was arbitrarily convicted and sentenced to prison labour for expressing his or her political opinion or belief contrary to that of the Government.

In this regard, the Committee notes that in its report of June 2022 the United Nations (UN) Special Rapporteur on the situation of human rights in Eritrea refers to the systematic repression, prolonged and arbitrary detention of thousands of persons expressing dissenting opinions or being perceived as opposed to the Government (including leaders and members of religious groups, members of the political opposition, journalists, activists and draft evaders), without due process guarantees being observed (A/HRC/50/20 paragraphs 39 and 43). While the Committee notes the Government’s indication that it strongly disagrees with the UN human rights reports, it observes that the concerns of the UN Special Rapporteur have also been shared by other UN entities, including the UN Human Rights Council in its resolution of June 2017 (A/HRC/35/L.13/Rev.1 paragraph 6) and the UN Human Rights Committee in its 2019 concluding observations (CCPR/C/ERI/CO/1 paragraph 39). More recently, in its Resolution of 30 June 2022, the UN Human Rights Council called on the Government to extend its efforts to protect and fulfil the rights to freedom of religion or belief, peaceful assembly, association, opinion and expression, including for members of the press (A/HRC/50/L.19 paragraph 5).

The Committee notes with deep concern the above-mentioned information which highlights the fact that persons expressing opinions and views opposed to the established political system appear to continue to be arrested and detained. The Committee once again recalls that Article 1(a) of the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social, or economic system by prohibiting their punishment with penalties which involve compulsory labour, including sentences of imprisonment that entail compulsory labour. The Committee notes that the above-mentioned provisions of Press Proclamation No. 90/1996 and Proclamation No. 73/1995 are drafted in broad terms and their scope of application is not limited to situations of violence or incitement to violence, thereby allowing for their application to persons who peacefully express political views or views opposed to the established political system.

Therefore, the Committee once again urges the Government to take all necessary measures to review sections 15(3), (4) and (10) of Press Proclamation No. 90/1996 and section 3(3) of Proclamation No. 73/1995 to ensure that both in law and practice, no penalties involving compulsory prison labour can be imposed on persons for the peaceful expression of views ideologically opposed to the established political, social or economic system. In the meantime, the Committee requests the Government to provide information on the application in practice of the above-mentioned provisions.

Article 1(b). Compulsory national service for purposes of economic development.For a number of years, the Committee has urged the Government to reform its compulsory National Service programme, which contemplates among its objectives enhancing the economic development of the country using its human resources in a trained and organized manner (section 5 of the National Service Proclamation No. 82/1995).

The Committee notes the Government’s indication that all forms of compulsory labour performed in Eritrea meet the criteria of minor communal services for the best interest of the community, including activities such as reforestation, soil and water conservation as well as reconstruction activities, and food security programmes. According to the Government, these activities are limited to what is strictly required by the exigencies of the situation in Eritrea and are indispensable for the livelihood of the people at large.

The Committee notes that the types of work indicated by the Government do not qualify as “minor services” of short duration and, rather, appear to be large-scale activities whose beneficiary is not only a single community but the whole population of a country. Therefore, imposing on citizens the obligation to perform such activities as part of their compulsory National Service constitutes a method of mobilizing labour for the purposes of economic development, which is prohibited by Article 1(b) of the Convention.

Referring also to its comments under the Forced Labour Convention, 1930 (No. 29), the Committee once again urges the Government to take all the necessary measures to review National Service Proclamation No. 82 and eliminate both in law and practice, the use of compulsory labour in the context of national service obligations which constitutes a method of mobilizing labour for the purposes of economic development. The Committee requests the Government to provide information on the number of persons under compulsory national service obligations who undertake works that contribute to the economic development of the country each year, and the length of such service.

Article 1(d) of the Convention. Penalties involving compulsory labour for participating in strikes. For a number of years, the Committee had been noting that pursuant to Labour Proclamation No. 118/2001, participation in unlawful strikes is considered an unfair labour practice (section 119(8)) punishable with fines, unless in certain cases the provisions of the Criminal Code provide for more severe penalties (section 144). In the case of public servants, failure to carry out the duties in a proper manner and to the prejudice of the public, or participation in a strike with the intention of disturbing public order are punishable with imprisonment not exceeding three months (sections 412 and 413 of the Transitional Penal Code, respectively). The Committee requested the Government to take measures to ensure that both in law and practice, persons organizing and participating peacefully in a strike are not punished with sentences of imprisonment, which involve compulsory prison labour.

The Committee notes the Government’s indication that no civil servant has been punished under sections 412 and 413 of the Transitional Penal Code. The Government emphasises that section 413 shall only apply to persons who participate in unlawful strikes and does not affect workers who run peaceful strikes. The Government adds that it has not come across experiences of strike action and that, regardless of the legality of the strike action in question, no sanctions will be imposed on those persons who participate in strike action under sections 412 and 413 of the Transitional Penal Code.

The Committee recalls that in all cases and regardless of the legality of the strike action in question, any sanctions imposed should not be disproportionate to the seriousness of the violations committed, and no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in strikes.

Therefore, the Committee requests the Government to take the necessary measures to ensure that both in law and practice, no person can be sanctioned with penalties of imprisonment (involving compulsory prison labour) for participating peacefully in a strike. In the meantime, the Committee requests the Government to continue providing information on the application in practice of sections 412 and 413 of the Transitional Penal Code, including on the facts that have given rise to legal proceedings.