Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Forced Labour Convention, 1930 (No. 29) - Eritrea (Ratification: 2000)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 104th Session, May–June 2015)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2015 concerning the application of the Convention. It also notes the observations of the International Organisation of Employers (IOE) and the International Trade Union Confederation (ITUC) received, respectively, on 31 August and 1 September 2015. The Committee notes with regret that despite specific requests in this regard from the Committee of Experts and the Conference Committee, the Government has not provided a report.

The Committee notes that the Conference Committee discussed in detail the large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of the national service programme which encompasses all areas of civilian life and is therefore much broader than military service. The discussions also highlighted that workers who refuse to carry out work within the framework of national service are faced with arbitrary arrest and detention and imprisonment in inhumane conditions. While noting the explanations provided by the Government relating to the ongoing border conflict, the absence of peace and stability that has affected the labour administration in the country, and the unpredicable weather conditions, the Conference Committee urged the Government to amend or revoke the Proclamation on National Service (No. 82 of 1995) and the Warsai Yakaalo Development Campaign of 2002 to bring to an end forced labour associated with the national service programme and to ensure the cessation of the use of conscripts in practice contrary to the provisions of the Convention, and to immediately release all imprisoned “draft evaders” who have refused to participate in compulsory conscription, which exceed the scope of the exception provided for in the Convention.

The Committee notes the report of the Commission of Inquiry on human rights in Eritrea established by Resolution 26/24 of the Human Rights Council of the United Nations. The Commission of Inquiry describes how, under the pretext of defending the integrity of the State and ensuring its self-sufficiency, Eritreans are subject to systems of national service and forced labour that effectively abuse, exploit and enslave them for indefinite periods of time. The Commission of Inquiry observes that the Government has unlawfully and consistently been using conscripts and other members of the population, including members of the militia, many beyond retirement age, as forced labourers to construct infrastructure and to pursue the aim of economic development and self-sufficiency of the State, thus indirectly supporting the continued existence of a totalitarian Government that has been in power for the past 24 years. The use of forced labour is so prevalent in Eritrea that all sectors of the economy rely on it, and all Eritreans are likely to be subject to it at some stage in their lives. The Government also regularly profits from the almost free work exacted from conscripts and detainees to obtain illegitimate financial gain when they are “lent” to foreign companies paying salaries to the Government that are considerably higher than the amounts paid by the Government to the workers (A/HRC/29/42 of 4 June 2015).

Finally, the Committee notes that in their observations both the IOE and the ITUC express concern at the situation and reiterate the requests made to the Government during the discussion in the Conference Committee. The ITUC emphasizes that the gravity and consequences of the use of forced labour under national service are enormous and do not only lead to the severe exploitation of workers but also to a humanitarian crisis with women and children being particularly victimized.

The Committee strongly urges the Government to take the necessary measures to ensure the application of the Convention in law and practice as requested by the Conference Committee and the Committee of Experts in its previous comments:

Articles 1(1) and 2(1) of the Convention. Compulsory national service. For a number of years, the Committee has been referring to section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), under which the expression “forced labour” does not include compulsory national service. The Committee noted that, under article 25(3) of the Constitution, citizens must complete their duty in national service. It also noted that, although the obligation to perform compulsory national service had been originally stipulated in 18 months (pursuant to the Proclamation on National Service, No. 82 of 1995), conscription of all citizens between the ages of 18 and 40 for an indefinite period was institutionalized with the introduction of the “Warsai Yakaalo Development Campaign” (WYDC), adopted by the National Assembly in 2002. In this connection, the Committee notes the Government’s statement that the obligation to perform compulsory national service is part of the normal civic obligations of citizens, and therefore falls within the scope of the exceptions provided for in the Convention, in particular: work or service exacted in virtue of compulsory military service laws and work or service exacted in cases of emergency.

With regard to the linkage between national service and work exacted under compulsory military service laws, the Committee notes the Government’s indication that any work or service exacted under section 5 of the 1995 Proclamation on National Service constitutes work of a purely military character. The Government states, however, that conscripts may also perform other duties, such as participating in the construction of roads and bridges. According to the Government, members of the national service have engaged in numerous programmes, mainly in reforestation, soil and water conservation, reconstruction, and activities aimed at improving food security. The Committee further notes that, according to abovementioned section 5, the objectives of national service include, inter alia, the creation of a new generation, characterized by love for work, discipline, ready to serve and participate in the reconstruction of the nation; and the development and strengthening of the economy by “investing in the development of peoples’ work as a potential wealth”.

The Committee recalls that, under Article 2(2)(a) of the Convention, compulsory military service is excluded from the scope of the Convention only where conscripts are assigned to work of a purely military character. This condition, which aims specifically at preventing the call-up of conscripts for public works, has its corollary in Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), which prohibits the use of forced or compulsory labour “as a method of mobilizing and using labour for purposes of economic development”. The Committee therefore draws the Government’s attention to the fact that work exacted from recruits as part of national service, including work related to national development, is not purely military in nature. The Committee also recalls that, in specific circumstances, such as in cases of emergency, conscripts may be called to perform non-military activities. However, in order to respect the limits of the exception contained in Article 2(2)(d) of the Convention, the power to call up labour should be confined to genuine cases of emergency, or force majeure, that is, a sudden, unforeseen happening calling for instant countermeasures. Moreover, the duration and extent of compulsory service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation.

While noting the information provided by the Government, as well as its description of the factual situation in the country, which is referred to as a “threat of war and famine” situation, the Committee points out that the large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of the national service programme goes well beyond the exceptions provided for in the Convention. The extended obligations imposed on the population – as well as conscripts’ lack of freedom to leave national service, as stated by the Government – are incompatible both with Conventions Nos 29 and 105, which prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. In light of the above considerations, the Committee urges the Government to take the necessary measures to amend or repeal the Proclamation on National Service, No. 82 of 1995 and the WYDC Declaration of 2002, in order to remove the legislative basis for the exaction of compulsory labour in the context of national service, and to address the incompatibility of these texts with both Conventions Nos 29 and 105. Pending the adoption of such measures, the Committee urges the Government to take concrete steps with a view to limiting the exaction of compulsory work or services from the population to genuine cases of emergency, or force majeure, and to ensure that the duration and extent of such compulsory work or services, as well as the purpose for which it is used, is limited to what is strictly required by the exigencies of the situation.

The Committee is raising other matters in a request directly addressed to the Government.