Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Eritrea (Ratification: 2000)

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:

Articles 1 and 2 of the Convention. The Committee notes that the Labour Proclamation protects only against dismissals linked with trade union membership or trade unions’ activities. It requests the Government to take the measures to amend section 23 of this Proclamation, so as to broaden the protection and guarantee workers protection against acts of anti-union discrimination at the time of recruitment and other acts of anti-union discrimination (transfer, relocation, demotion, deprivation).

The Committee notes that the sanction in the case of acts of anti-union discrimination or acts of interference is a fine of 1200 Nafka (around US$125) according to section 118 of the Labour Proclamation. The Committee considers that this fine does not afford adequate protection and requests the Government to take the necessary measures to provide for stronger sanctions.

Articles 1, 2, 4 and 6. Concerning domestic employees, the Committee notes that according to section 40 of the Labour Proclamation the Minister may determine the provisions of the Proclamation applicable to these workers. The Committee requests the Government to indicate if this category of workers enjoys trade union rights.

The Committee requests the Government to ensure that the rights of public servants not engaged in the administration of the State benefit from the guarantees of the Convention (protection against acts of anti union discrimination or interference and the right to negotiate collectively their conditions of employment) in particular, through legal provisions, for instance, by incorporating them in the draft Civil Service Code now in progress; the Committee requests the Government to inform it of any progress in this regard.

The Committee requests the Government to provide a copy of the draft Civil Service Code, to inform it on its status and to transmit a copy, once adopted.