Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 must therefore repeat its previous observation which read as follows:

Repetition

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. The Committee requested the Government to amend the Labour Proclamation to provide for the reinstatement of trade union leaders in cases of unjustified dismissal (section 28(3) of the Proclamation), and also for protection against other prejudicial acts and acts of anti-union discrimination against workers affiliated to a trade union. In its last report, the Government once again indicates that the Ministry of Labour and Human Welfare consulted several studies to amend section 23 of the Labour Proclamation with a view to broadening protection, both from all acts of anti-union discrimination and from any dismissal relating to trade union activity or membership. The Committee once again expresses the hope that the Government will take the necessary measures without delay to amend the Labour Proclamation in this regard.

Sanctions applicable in cases of anti-union discrimination or acts of interference. In its previous comments, the Committee recalled that the fine of 1,200 Eritrean nakfa (ERN), established in section 156 of the Labour Proclamation as a penalty for anti-union discrimination or acts of interference, is not severe and dissuasive enough as a means of protection and requested it to take necessary measures to provide heavier and more dissuasive sanctions. The Committee notes that the Government reiterated that sections 703 and 721 of the Transitional Penal Code would apply in the event of repeated violations of the right to organize established in the national legislation, though to date no sentences have been handed down for such violations. The Government also indicates that it is working with the social partners to amend section 156. The Committee requests the Government to provide information on any progress made in amending section 156 of the Labour Proclamation so as to provide heavier and sufficiently dissuasive sanctions against persons guilty of anti-union discrimination or acts of interference.

Articles 1, 2, 4 and 6. Domestic workers. In its previous comments, the Committee expressed the firm hope that the next regulation on domestic work will explicitly extend the trade union rights enshrined in the Convention to domestic workers. The Committee noted the Government’s indication that domestic workers are not excluded from the definition contained in section 3 of the Labour Proclamation and therefore do have the right to organize and to collective bargaining. Furthermore, the Government indicated that it will take all necessary measures to adopt a regulation that is consistent with the Convention. The Committee once again expresses the firm hope that, in the interest of legal certainty, the new regulation on domestic work will explicitly grant the rights enshrined in the Convention to domestic workers and that the Government will be in a position to indicate the adoption of the above regulation in its next report.

Article 6. Right to collective bargaining in the public sector. In its previous comments, the Committee requested the Government to take the necessary measures to improve its legislation on public servants in respect of the rights enshrined in the Convention including the right to collective bargaining of public servants who are not engaged in the administration of the State. The Committee noted the Government’s indication that public servants are split into two categories, those who work in the Central Personnel Administration (CPA) and those who work in public or semi-public enterprises. The latter are covered by the Labour Proclamation and therefore, like other workers, have the right to organize and to collective bargaining established in the Labour Proclamation. Regarding CPA workers, the Government indicates that the draft Public Service Code provides for the right to organize. However, the Government indicated that up to now no collective bargaining has been undertaken between the Government and these workers on the question of wages or other privileges. The Committee hopes that the new Public Service Code will explicitly recognize for public servants in the CPA, the rights enshrined in the Convention, particularly the right to collective bargaining of public servants not engaged in the administration of the State and that the Government will be in a position to indicate the adoption of the above Code in its next report.

Application of the Convention in practice. The Committee notes the observations from the International Trade Union Confederation (ITUC) reporting that in practice there is no collective bargaining in Eritrea. The Committee requests the Government to provide its comments in response to the ITUC’s allegations. More generally, the Committee requests the Government to indicate in its next report any measures taken to promote the development of collective bargaining in the private and public sectors and to indicate collective agreements signed, the sectors concerned and the number of workers covered.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.