Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Eritrea (Ratification: 2000)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(1)(a) of the Convention. Scope of the Labour Proclamation. Domestic workers. The Committee notes the Government’s indication in its report that domestic workers are not among the list of workers explicitly excluded from the scope of the Labour Proclamation. No. 118 of 2001. The Committee recalls however that, pursuant to section 40 of the Labour Proclamation, the Minister may, by regulation, determine the provisions of the Proclamation, which shall apply to all or to a category of domestic employee and the manner of their application. It also notes the Government’s indication that it is currently “endeavoring to draft the regulation of domestic workers in light with the scope prescribed under the 2015 Civil Code”, which “includes certain provisions linked with rights of domestic employees”. The Committee requests the Government to provide information on any progress made in this regard and to provide a copy of the relevant provisions of the Civil Code. The Committee also reiterates its request for information on any regulation adopted, pursuant to section 40 of the Labour Proclamation, identifying which provisions of the Labour Proclamation apply to all, or to any category of, domestic workers and the manner in which they are applied.

Articles 2 and 5. Equality of opportunity and treatment of men and women. Affirmative measures. The Committee notes the Government’s reference to the findings of the 2015- 2016 National Labour Force Survey, which showed that: (1) 22.5 percent of the working-age population were out of the labour force, the vast majority of which were women; and (2) rates of employment in informal economy were much higher for females than males, and they were much higher in urban than rural areas. The Committee notes from the Government’s report “Eritrea and the 2030 Agenda” (Voluntary National Review of Progress Towards the Sustainable Development Goals), dated July 2022, that: (1) the national unemployment rate is approximately 3.5 percent, with similar rates for men and women; (2) in 2018, youth literacy had climbed to 93 percent, with male literacy rising to 94 percent and female literacy reaching 93 percent; (3) parity between boys and girls in primary education has been achieved, while gender disparities in secondary and tertiary education enrolment continue to be reduced; and (4) overall enrolments in technical and vocational education and training are also steadily increasing, with female enrolments nearing parity. The Committee furthermore notes from the concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW), that the Government has been constructing schools, including in the rural areas, and has been taking measures to encourage women and girls to choose non-traditional fields of study and career paths, such as science, technology, engineering and mathematics. However, it also notes the concerns expressed by the CEDAW about: (1) the persistently low rates of school enrolment, retention and completion, with significant discrepancies between rural and urban areas; (2) the State’s failure to adequately address the root causes of girls dropping out of school; and (3) sexual violence and harassment against girls at and on the way to and from school, among other things (CEDAW/C/ERI/CO/6, 10 March 2020, paragraph 33). Welcoming the measures adopted, the Committee requests the Government to provide information on the steps taken to address the factors affecting women’s and girls’ school enrolment, retention and completion, in both urban and rural areas, including those directed at preventing and addressing sexual violence and harassment, and their impact. It also again asks the Government to: (i) take steps to promote women’s access to employment, to reconcile work and family responsibilities and to facilitate their access to land, credit and equipment in practice; (ii) collect and analyse sex-disaggregated data on the distribution of men and women employed in the various sectors of the economy; and (iii) provide any studies available on gender equality in employment and occupation, as well as any updated gender policy or plan of action.

Equality of opportunity and treatment of ethnic minorities. Affirmative measures. The Committee notes the Government’ s statement in its report that Eritrea enjoys ethnic and religious cohesion and harmony. It further notes from the Government’s report “Eritrea and the 2030 Agenda” that it has adopted a ‘mother tongue policy’, which requires multilingual education based on the mother tongue from pre-primary education until the end of the elementary level. The Government affirms that this policy has contributed to a more equitable access to education for all ethnolinguistic groups. The Committee also notes from the same report that school-feeding programmes are contributing to the same goal. On the other hand, the Committee notes the CEDAW’s concerns about inadequate programmes to support nomadic communities, linguistic minorities and ethnic and religious groups (CEDAW/C/ERI/CO/6, 10 March 2020, paragraph 33). The Committee requests the Government to provide specific information on: (i) the measures adopted to ensure equality of opportunity and treatment for men and women belonging to ethnic minorities in employment and occupation, including any assessment made concerning the barriers and obstacles that they currently face; and (ii) the actions required to tackle them as regards education, vocational training, employment and access to land, resources and credit. The Committee also reiterates its request for any available data on the employment and occupation of members of ethnic minorities, if possible disaggregated by sex.

Migrant workers. The Committee notes the Government’s indication that according to the Proclamation of registration for non-nationals in Eritrea No.127/2002, the registered expatriates are 3,585 out of which 74 per cent are Ethiopians. Regarding the case of the workers displaced following the outbreak of the 1998 border conflict, the Committee recalls that the Government previously stated that no progress had been made since the award was rendered (17 August 2009) by the Eritrea-Ethiopia Claims Commission and the whole process reached a deadlock. The Committee requests the Government to provide updated information on the settlement of any remaining cases.

Awareness-raising and enforcement. The Government indicates that: (1) some cases of discrimination have been brought before the Labour Courts while very few cases were reported to the Ministry of Labour under section 65(2) of the Labour Proclamation; and (2) training and awareness-raising activities were implemented for the benefit of public officials, judges, labour inspectors, as well as representatives of employers’ and workers’ organizations. The Committee requests the Government to: (i) provide detailed information on the nature and outcome of the discrimination cases filed with the Labour Court and those reported to the Ministry of Labour; (ii) gather and supply information on the cases of discrimination detected by the labour inspectors, including the sanctions imposed and the remedies accorded; and (iii) provide specific information on any training and awareness-raising activities undertaken or envisaged concerning equality and non-discrimination.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. Protection against discrimination. Definition of discrimination. Prohibited grounds of discrimination. Legislation. For more than ten years, the Committee has been asking the Government to amend the Labour Proclamation No. 118 of 2011, so as to provide explicitly for protection of all workers from discrimination based on national extraction, and to ensure that the draft 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. The Committee notes the Government’s indication in its report that: (1) it has taken due note of the Committee’s comments regarding the terms “national extraction” and “social origin”; (2) it is aware that workers should be protected from discrimination not only by employers and their representatives, but also by work colleagues and even clients of enterprises, or other persons in the work context; and (3) both the draft Labour and Civil Service Proclamations will be transmitted to the Office, once measures are taken over the general laws according to the priorities set. The Committee recalls that previously, the Government has been providing information on draft amendments to these pieces of legislation. The Committee notes with regret that to date no such amendment has been adopted and Eritrea still has no national assembly to adopt laws, including those regulating fundamental rights (see A/HRC/50/20, 6 May 2022, paragraph 36; A/HRC/47/21, 12 May 2021, paragraph 30). It further notes that the United Nations Special Rapporteur on the situation of human rights in Eritrea recommended the Government to “[r]econvene the national assembly to adopt laws and to enable the Eritrean people to participate freely in the public affairs of their country, as an important step towards building a democratic society, ensuring the separation of powers and providing checks and balances as inherent requirements of the rule of law in the country” (A/HRC/47/21, paragraph 81(b)). The Committee emphasizes that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds of discrimination specified in Article 1(1)(a) of the Convention, as well as a clear and comprehensive definition of discrimination. The Committee urges that the Government will make every effort to: (i) ensure that the labour legislation is amended so as to include explicit definitions of direct and indirect discrimination in employment and occupation; (ii) take the necessary steps in consultation with the social partners to ensure that amendments to the Labour Proclamation are adopted rapidly so as to provide explicitly for the protection of all workers against discrimination based on national extraction; and (iii) take concrete steps to ensure that the draft Civil Service Proclamation includes a clear prohibition of discrimination on the basis of at least all the grounds set out in Article 1(1)(a) of the Convention, including national extraction and social origin.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Scope of the Labour Proclamation. Domestic workers. In reply to the Committee’s request, the Government states that all labour rights enshrined in the Labour Proclamation are applicable to domestic workers and that their working conditions are governed by the Civil Code. The Committee asks the Government to provide the relevant provisions of the Civil Code regulating the working conditions of domestic workers. The Committee also asks the Government to provide information on any regulation adopted, pursuant to article 40 of the Labour Proclamation, identifying which provisions of the Labour Proclamation apply to all, or to any category of, domestic workers and the manner in which they are applied.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes the Government refers again to its 1994 Macro Policy, which states that the “participation of women in education and economic activities and employment should be expanded”. The Government indicates that it invests heavily to promote effective equality of opportunity and treatment in respect of access to education and vocational training, encouraging female trainees to vocational and technical schools. The Government adds that despite the results achieved, it believes that great endeavours still remain to be dealt with. The Committee also notes from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), that “empowering women in all fields is among [its] major priorities”. Noting the lack of employment-related data, the Committee wishes to emphasize that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities, to design appropriate measures, to monitor and evaluate the impact of such measures and make any necessary adjustments and to enable an accurate assessment of changes over time. The Committee asks the Government to provide information on any updated gender policy or plan of action. The Committee asks the Government to provide information on the steps taken to eliminate the barriers that hinder girls’ and women’s access to education and training in all fields and at all levels, including measures taken to combat gender stereotypes regarding women’s aspirations, preferences and capabilities, and their role and responsibilities in society. The Committee also asks the Government to take steps: (i) to promote women’s access to employment, including to posts of responsibility; (ii) to reconcile work and family responsibilities; and (iii) to facilitate their access to land, credit and equipment in practice. While noting the statistics provided by the Government on the number of men and women registered as jobseekers and placed over the past 15 years, the Committee asks once again the Government to collect and analyse sex disaggregated data on the distribution of men and women employed in the various sectors of the economy, 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 Government is asked to provide any studies available on gender equality in employment and occupation in the country.

Equality of opportunity and treatment of ethnic minorities. Affirmative measures. The Committee notes the Government’s indication that the Ministry of Education provides access to boarding schools for the purpose of providing vocational and technical training for some ethnic groups, who “were discriminated and neglected during colonization”. The Committee asks the Government to provide detailed and concrete information on these measures. The Government is also asked to provide detailed information on any other measures to ensure in practice equality of opportunity and treatment in employment and occupation. Such information should include information on any measures taken to address de facto inequalities, halt discrimination, redress the effects of past discriminatory practices and to restore a balance, specifying the type and duration of the measures concerned, their specific aim and the groups concerned. In order to be able to assess the participation of ethnic minorities in the labour market, the Committee also asks the Government to provide any available information on the employment and occupation of such minorities, if possible disaggregated by sex.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Migrant workers. The Committee recalls its previous comments 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. The Committee also notes the Government’s indication in its report that no progress had been made since the award was rendered (17 August 2009) by the Eritrea-Ethiopia Claims Commission and the whole process reached into a deadlock. Given the recent developments concerning the signature of a Peace Agreement with Ethiopia in July 2018, the Committee asks the Government to ensure that the cases of all the workers displaced following the outbreak of the 1998 border conflict have been settled and provide specific information in this regard. The Committee also reiterates its request for information on the number of Ethiopian workers currently employed in Eritrea.

Application of the Convention in practice. Enforcement and awareness-raising. The Committee notes the Government’s indication that a number of cases of discrimination on the basis of sex have been reported to the Ministry of Labour and Human Welfare under section 65(2) of the Labour Proclamation. The Government also indicates that it provides awareness and training activities on the principle of equal opportunities in employment and occupation among competent public officials, judges, labour inspectors and representatives of employers’ and workers’ organizations. The Committee asks the Government to provide more specific information on the number and nature of cases of discrimination reported to the Ministry of Labour and Human Welfare as well as on their outcomes and to provide any judicial decisions in this regard. While noting the Government’s reference to its need for technical assistance from the ILO, regarding awareness-raising activities, the Committee asks the Government to continue to take proactive measures to raise awareness of competent public officials and social partners on all forms of discrimination and the promotion of equal opportunities and treatment among the whole population, and to provide specific information on the activities carried out.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1) of the Convention. Definition of discrimination. Prohibited grounds of discrimination. The Committee recalls that it asked the Government to amend the Labour Proclamation, so as to provide explicitly for protection of all workers from discrimination based on national extraction, and to ensure that the draft 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. The Committee notes the Government’s statement that, in consultation with the social partners and other stakeholders, it has been carrying out workshops and seminars to amend both the Labour Proclamation and the draft Civil Service Proclamation. The Committee also notes the Government’s indication that adequate provision is made in the draft amendment to the Labour Proclamation, which states that “discrimination means any distinction made through direct or indirect act of the employer on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation”. In this regard, the Committee emphasizes that workers should be protected from discrimination not only by employers and their representatives, but also by work colleagues and even clients of enterprises, or other persons in the work context. The Government also reiterates that the draft Civil Service Proclamation states that “decisions regarding employment in the civil service shall be made without discrimination of any kind on the basis of race, ethnic origin, language, colour, sex, religion, disability, political belief or opinion, or social or economic status”. In this respect, the Committee recalls that the latter provision does not specifically refer to national extraction or social origin. Noting with regret that the Committee has been raising this issue for more than ten years and that the draft amendments to the Labour Proclamation have still not been adopted, the Committee urges the Government to take the necessary steps in consultation with the social partners to ensure that amendments are adopted rapidly to the Labour Proclamation so as to provide explicitly for the protection of all workers against discrimination based on national extraction. The Committee asks the Government to take concrete steps to ensure that the draft Civil Service Proclamation includes a clear prohibition of discrimination on the basis of at least all the grounds set out in Article 1(1)(a) of the Convention, including national extraction and social origin.

Indirect discrimination. The Committee once again notes the Government’s indication that the provisions in the Labour Proclamation dealing with discrimination are designed to address both direct and indirect discrimination. The Committee notes that the Government refers once again to the proposed amendments to the Labour Proclamation and recalls that it has been raising this issue for more than ten years. The Committee reminds the Government that it is especially important that there is a clear framework for addressing indirect discrimination given its subtle and less visible nature (see the 2012 General Survey on the fundamental Conventions, paragraphs 744–746). The Committee urges the Government to take concrete steps to ensure that the labour legislation is amended so as to include explicit definitions of direct and indirect discrimination in employment and occupation, and to provide information on any progress made in this regard. The Committee asks the Government to provide information on any cases of indirect discrimination dealt with by the courts and on any steps taken to raise awareness of indirect discrimination among workers, employers and their respective organizations, as well as the public.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1(1)(a) of the Convention. 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 taken 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.

Article 2. 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.

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. 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 taken 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.

Article 2. 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.

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.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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. It also asks the Government to provide information on the practical measures to promote effectively equality of opportunity and treatment of men and women in respect of access to education and vocational training, access to employment and particular occupations, including self-employment. 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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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:

Repetition

Prohibited grounds of discrimination. The Committee notes that the Government repeats its explanation concerning the terms “nationality” and “lineage” used in sections 23(4) and 118(7) of the Labour Proclamation, indicating that these terms were intended to ensure equal treatment between citizens and foreigners (non citizens) in employment and occupation. The Committee recalls that discrimination based on national extraction means distinctions on the basis of place of birth, ancestry or foreign origin and is not necessarily related to citizenship. The Committee therefore requests the Government to include in the legislation provisions providing explicitly for protection of all workers from discrimination based on national extraction, in accordance with Article 1(1)(a) of the Convention, and to provide information on any measures taken to that end.

Indirect discrimination. In its previous comments, the Committee requested the Government to consider including in the legislation explicit definitions of direct and indirect discrimination in employment and occupation. The Committee notes that while the Government reaffirms that all Eritrean laws dealing with discrimination are designed to avoid both direct and indirect discrimination, it states nonetheless that the Ministry of Labour and Human Welfare will consider an amendment to the legal definition of discrimination in that respect. The Committee requests the Government to provide information on any measures taken so as to include an explicit definition of direct and indirect discrimination in employment and occupation in the legislation, and hopes that the Government will be in a position to report progress on this matter in its next report. Please continue to provide information on any cases of indirect discrimination dealt with by the courts.

Employment excluded from the scope of the Labour Proclamation. With regard to civil servants, the Committee notes that the Government states once again that the draft Civil Service Proclamation has not yet been enacted but that the provisions concerning discrimination should cover all the prohibited grounds listed in Article 1(1)(a) of the Convention, as well as additional grounds such as language, disability and economic status. The Committee notes, however, that according to the information provided by the Government, the provisions of the draft Civil Service Proclamation do not appear to cover the grounds of national extraction and social origin. The grounds of “ethnic origin” and “social status” in the draft legislation may have a narrower meaning than the grounds of “national extraction” and “social origin” mentioned in the Convention. The Committee therefore again requests the Government to ensure that the new civil service legislation’s provisions on non discrimination cover at least all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, including national extraction and social origin.

The Committee understands from the Government’s report that the provisions of the Labour Proclamation that will be applicable to domestic workers, have still not been determined and that a study is under way to adopt a regulation for that purpose. The Committee requests the Government to indicate the manner in which, in the absence of regulation of their working conditions, full and effective protection from discrimination in employment and occupation of domestic workers is ensured. Please also continue to provide information on the progress made in the determination of the provisions of the Labour Proclamation applicable to domestic workers.

Equality of opportunity and treatment of men and women. The Government indicates that the Ministry of Education permits female trainees to join vocational and technical schools. While noting this information, the Committee recalls that Article 2 of the Convention requires that a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination, be formulated and pursued. The Committee requests the Government to provide information on the content and coverage of any equality policy, including practical measures, elaborated and implemented to promote effective equality of opportunity and treatment of men and women in respect of access to education and vocational training, access to employment and particular occupations, including self-employment, and terms and conditions of employment (remuneration, promotion, etc.). Please also provide any available statistical 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.

Equality of opportunity and treatment of ethnic minorities. The Committee notes that the Government’s report contains no new information on this matter but only reiterates that the Ministry of Education provides vocational and technical training for some disadvantaged ethnic groups. The Committee requests the Government to provide specific information on the measures taken to promote the participation of members of ethnic groups in vocational and technical training, including statistics. The Government is also requested to provide detailed information on any other measures taken to ensure equality of opportunity and treatment in employment and occupation of members of ethnic minorities and to correct de facto inequalities.

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 concerning cases of discrimination in employment and occupation. It further notes that the Government acknowledges that there is a need for further public awareness raising and capacity building of the Government and the social partners regarding the principles of the Convention. The Committee requests the Government to continue to provide information on any cases involving discrimination based on race, colour, sex, religion, political opinion, national extraction, social origin or any other ground dealt with by the competent authorities. It further requests the Government to provide detailed information on any specific measures taken to raise awareness of the non-discrimination provisions contained in the legislation, including the dispute resolution mechanism, among public officials, lawyers, judges and labour inspectors, as well as workers and employers and their organizations.

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 notes that the Government indicates that almost all the cases of termination of employment of Ethiopian workers have been settled through a conciliation process. The Government further states that, after receiving their severance pay and other compensation, the workers concerned left the country voluntarily with the assistance of the International Red Cross. The Committee notes this information and requests the Government to provide specific information with respect to the number of Ethiopian workers whose claims have been settled by conciliation and the compensation awarded through this process and the number of cases still pending, as well as the statistical data available on the number of Ethiopian workers currently employed in Eritrea.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Prohibited grounds of discrimination. The Committee notes that the Government repeats its explanation concerning the terms “nationality” and “lineage” used in sections 23(4) and 118(7) of the Labour Proclamation, indicating that these terms were intended to ensure equal treatment between citizens and foreigners (non-citizens) in employment and occupation. The Committee recalls that discrimination based on national extraction means distinctions on the basis of place of birth, ancestry or foreign origin and is not necessarily related to citizenship. The Committee therefore requests the Government to include in the legislation provisions providing explicitly for protection of all workers from discrimination based on national extraction, in accordance with Article 1(1)(a) of the Convention, and to provide information on any measures taken to that end.

Indirect discrimination. In its previous comments, the Committee requested the Government to consider including in the legislation explicit definitions of direct and indirect discrimination in employment and occupation. The Committee notes that while the Government reaffirms that all Eritrean laws dealing with discrimination are designed to avoid both direct and indirect discrimination, it states nonetheless that the Ministry of Labour and Human Welfare will consider an amendment to the legal definition of discrimination in that respect. The Committee requests the Government to provide information on any measures taken so as to include an explicit definition of direct and indirect discrimination in employment and occupation in the legislation, and hopes that the Government will be in a position to report progress on this matter in its next report. Please continue to provide information on any cases of indirect discrimination dealt with by the courts.

Employment excluded from the scope of the Labour Proclamation. With regard to civil servants, the Committee notes that the Government states once again that the draft Civil Service Proclamation has not yet been enacted but that the provisions concerning discrimination should cover all the prohibited grounds listed in Article 1(1)(a) of the Convention, as well as additional grounds such as language, disability and economic status. The Committee notes, however, that according to the information provided by the Government, the provisions of the draft Civil Service Proclamation do not appear to cover the grounds of national extraction and social origin. The grounds of “ethnic origin” and “social status” in the draft legislation may have a narrower meaning than the grounds of “national extraction” and “social origin” mentioned in the Convention. The Committee therefore again requests the Government to ensure that the new civil service legislation’s provisions on non-discrimination cover at least all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, including national extraction and social origin.

The Committee understands from the Government’s report that the provisions of the Labour Proclamation that will be applicable to domestic workers, have still not been determined and that a study is under way to adopt a regulation for that purpose. The Committee requests the Government to indicate the manner in which, in the absence of regulation of their working conditions, full and effective protection from discrimination in employment and occupation of domestic workers is ensured. Please also continue to provide information on the progress made in the determination of the provisions of the Labour Proclamation applicable to domestic workers.

Equality of opportunity and treatment of men and women. The Government indicates that the Ministry of Education permits female trainees to join vocational and technical schools. While noting this information, the Committee recalls that Article 2 of the Convention requires that a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination, be formulated and pursued. The Committee requests the Government to provide information on the content and coverage of any equality policy, including practical measures, elaborated and implemented to promote effective equality of opportunity and treatment of men and women in respect of access to education and vocational training, access to employment and particular occupations, including self-employment, and terms and conditions of employment (remuneration, promotion, etc.). Please also provide any available statistical 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.

Equality of opportunity and treatment of ethnic minorities. The Committee notes that the Government’s report contains no new information on this matter but only reiterates that the Ministry of Education provides vocational and technical training for some disadvantaged ethnic groups. The Committee requests the Government to provide specific information on the measures taken to promote the participation of members of ethnic groups in vocational and technical training, including statistics. The Government is also requested to provide detailed information on any other measures taken to ensure equality of opportunity and treatment in employment and occupation of members of ethnic minorities and to correct de facto inequalities.

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 concerning cases of discrimination in employment and occupation. It further notes that the Government acknowledges that there is a need for further public awareness raising and capacity building of the Government and the social partners regarding the principles of the Convention. The Committee requests the Government to continue to provide information on any cases involving discrimination based on race, colour, sex, religion, political opinion, national extraction, social origin or any other ground dealt with by the competent authorities. It further requests the Government to provide detailed information on any specific measures taken to raise awareness of the non-discrimination provisions contained in the legislation, including the dispute resolution mechanism, among public officials, lawyers, judges and labour inspectors, as well as workers and employers and their organizations.

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 notes that the Government indicates that almost all the cases of termination of employment of Ethiopian workers have been settled through a conciliation process. The Government further states that, after receiving their severance pay and other compensation, the workers concerned left the country voluntarily with the assistance of the International Red Cross. The Committee notes this information and requests the Government to provide specific information with respect to the number of Ethiopian workers whose claims have been settled by conciliation and the compensation awarded through this process and the number of cases still pending, as well as the statistical data available on the number of Ethiopian workers currently employed in Eritrea.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Prohibited grounds of discrimination. The Committee notes the Government’s explanations concerning the terms “nationality” and “lineage” used in sections 23(4) and 118(7) of the Labour Proclamation, to the effect that these terms were intended to ensure equal treatment of foreigners, i.e. non-citizens, in employment and occupation. While welcoming that section 23(4) covers discrimination based on nationality, the Committee recalls that the concept of national extraction in the Convention does not refer to distinctions that may be made between citizens of one country and those of another, but to distinctions on the basis of a person’s place of birth, ancestry or foreign origin. The Committee requests the Government to consider amending the legislation in order to provide explicitly for protection of all persons from discrimination based on national extraction and to indicate the measures taken to this end.

Indirect discrimination. The Committee notes the Government’s statement that all Eritrean laws dealing with discrimination are intended to avoid both direct and indirect discrimination. The Committee notes this information and requests the Government to provide information on any case of indirect discrimination in employment and occupation dealt with by the competent authorities. It requests the Government to consider including in the legislation explicit definitions of direct and indirect discrimination and to provide information on the steps taken in this regard.

Employment excluded from the scope of the Labour Proclamation.  The Committee notes the Government’s indication that the draft Civil Service Act which provides for non-discrimination on the basis of race, ethnic origin, language, colour, sex, religion, disability, political belief or opinion and social or economic status has not yet been enacted. The Committee requests the Government to ensure that the new civil service legislation’s provisions on non-discrimination cover all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, including national extraction and social origin.

The Committee also notes that the Government has not yet determined the provisions of the Proclamation that are applicable to domestic workers. The Committee requests the Government to take the necessary measures to ensure full and effective protection from discrimination in employment and occupation of domestic workers and to provide information on the specific steps taken or envisaged in this regard.

Equality of opportunity and treatment of men and women. The Committee previously noted with interest the constitutional protection of the human rights of women (article 7(2) of the Constitution) and the prohibition of discrimination and remedies contained in section 65 of the Labour Proclamation. In the absence of a reply to its previous comments, the Committee reiterates its request for information on the application and impact of these provisions in practice, including the number of complaints lodged with the Ministry of Labour under section 65(2). Recalling that under the Macro Policy of 1994, the participation of women in education and economic activities and employment was to be expanded, the Committee requests the Government to provide information on these and other practical measures taken towards achieving this objective. Please also provide statistical information on the current level of women’s participation in the various types of education and training, as well as information indicating the level of participation in economic activities, including the formal labour market.

Equality of opportunity and treatment of ethnic minorities. The Committee previously noted that the Ministry of Education provides vocational and technical training for disadvantaged ethnic groups. The Committee requests the Government to provide further information on this and any other measure taken to ensure equality of opportunity and treatment in employment and occupation of members of ethnic minorities.

Enforcement of the legislation. The Committee requests the Government to provide information on any cases involving discrimination based on race, colour, sex, religion, political opinion, national extraction, social origin or any other ground dealt with by the competent authorities, including the courts particularly indicating the facts, rulings, remedies provided and sanctions if any imposed. In this regard, please also indicate any measures taken to raise awareness of the non-discrimination provisions contained in the legislation among public officials, lawyers, judges and labour inspectors, as well as representatives of workers’ and employers’ organizations.

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 notes that the Government’s report contains no new information concerning this matter. The Committee requests the Government to provide information in its next report on any further decisions reached by the Claims Commission and on measures taken, in line with such decisions, to indemnify as fully as possible the workers displaced following the outbreak of the 1998 border conflict, in accordance with Conventions Nos 111 and 158, and to grant appropriate relief.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Prohibited grounds of discrimination. The Committee notes the Government’s explanations concerning the terms “nationality” and “lineage” used in sections 23(4) and 118(7) of the Labour Proclamation, to the effect that these terms were intended to ensure equal treatment of foreigners, i.e. non-citizens, in employment and occupation. While welcoming that section 23(4) covers discrimination based on nationality, the Committee recalls that the concept of national extraction in the Convention does not refer to distinctions that may be made between citizens of one country and those of another, but to distinctions on the basis of a person’s place of birth, ancestry or foreign origin. The Committee requests the Government to consider amending the legislation in order to provide explicitly for protection of all persons from discrimination based on national extraction and to indicate the measures taken to this end.

2. Indirect discrimination. The Committee notes the Government’s statement that all Eritrean laws dealing with discrimination are intended to avoid both direct and indirect discrimination. The Committee notes this information and requests the Government to provide information on any case of indirect discrimination in employment and occupation dealt with by the competent authorities. It requests the Government to consider including in the legislation explicit definitions of direct and indirect discrimination and to provide information on the steps taken in this regard.

3. Employment excluded from the scope of the Labour Proclamation.  The Committee notes the Government’s indication that the draft Civil Service Act which provides for non-discrimination on the basis of race, ethnic origin, language, colour, sex, religion, disability, political belief or opinion and social or economic status has not yet been enacted. The Committee requests the Government to ensure that the new civil service legislation’s provisions on non-discrimination cover all the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention, including national extraction and social origin.

4. The Committee also notes that the Government has not yet determined the provisions of the Proclamation that are applicable to domestic workers. The Committee requests the Government to take the necessary measures to ensure full and effective protection from discrimination in employment and occupation of domestic workers and to provide information on the specific steps taken or envisaged in this regard.

5. Equality of opportunity and treatment of men and women. The Committee previously noted with interest the constitutional protection of the human rights of women (article 7(2) of the Constitution) and the prohibition of discrimination and remedies contained in section 65 of the Labour Proclamation. In the absence of a reply to its previous comments, the Committee reiterates its request for information on the application and impact of these provisions in practice, including the number of complaints lodged with the Ministry of Labour under section 65(2). Recalling that under the Macro Policy of 1994, the participation of women in education and economic activities and employment was to be expanded, the Committee requests the Government to provide information on these and other practical measures taken towards achieving this objective. Please also provide statistical information on the current level of women’s participation in the various types of education and training, as well as information indicating the level of participation in economic activities, including the formal labour market.

6. Equality of opportunity and treatment of ethnic minorities. The Committee previously noted that the Ministry of Education provides vocational and technical training for disadvantaged ethnic groups. The Committee requests the Government to provide further information on this and any other measure taken to ensure equality of opportunity and treatment in employment and occupation of members of ethnic minorities.

7. Enforcement of the legislation. The Committee requests the Government to provide information on any cases involving discrimination based on race, colour, sex, religion, political opinion, national extraction, social origin or any other ground dealt with by the competent authorities, including the courts particularly indicating the facts, rulings, remedies provided and sanctions if any imposed. In this regard, please also indicate any measures taken to raise awareness of the non-discrimination provisions contained in the legislation among public officials, lawyers, judges and labour inspectors, as well as representatives of workers’ and employers’ organizations.

8. 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 notes that the Government’s report contains no new information concerning this matter. The Committee requests the Government to provide information in its next report on any further decisions reached by the Claims Commission and on measures taken, in line with such decisions, to indemnify as fully as possible the workers displaced following the outbreak of the 1998 border conflict, in accordance with Conventions Nos 111 and 158, and to grant appropriate relief.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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:

1. Article 1 of the Convention. Discrimination on the basis of national extraction. Noting that neither the Constitution nor the Labour Proclamation expressly prohibits discrimination on the basis of national extraction, the Government is requested to indicate the manner in which discrimination on this ground is prohibited. In this regard, the Government may wish to clarify the meaning of the terms “nationality” and “lineage” used in sections 23(4) and 118(7) of the Labour Proclamation.

2. Direct and indirect discrimination. The Committee recalls that in referring to the “effect” of a distinction, exclusion or preference on equality of opportunity and treatment, Article 1(1)(a) of the Convention uses the objective consequences of these measures as a criterion and, thus, covers both direct and indirect discrimination. Indirect discrimination refers to apparently neutral conditions, regulations, criteria or practices, which are applied to everyone, but which in fact result in a disproportionately harsh impact on some persons on the basis of one or more characteristics related to the grounds listed in the Convention. The Committee requests the Government to clarify whether the relevant national legislation is intended to cover both direct and indirect discrimination as required by the Convention.

3. Scope of application. The Committee notes that the Labour Proclamation does not apply to employment in the civil service, the military, police and security forces, nor to judges and prosecutors and certain managerial positions. In this context the Committee notes that the Draft Civil Service Code, which is in the process of adoption, contains a provision on non-discrimination. The Government is asked to provide information on the measures taken to ensure the application of the Convention with respect to employment not covered by the Labour Proclamation, including the progress made towards the adoption of the Civil Service Code. In the absence of any prohibition of discrimination in public service employment, the Committee particularly requests the Government to provide information on the measures taken to ensure non-discrimination in that sector, including at the stage of recruitment. Noting that under section 40 of the Labour Proclamation, the Minister of Labour and Human Welfare may determine the provisions of the Proclamation that shall apply to all, or to a category of domestic workers, the Committee asks the Government to indicate whether such a determination has been made.

4. Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee previously noted with interest the constitutional protection of the human rights of women (article 7(2) of the Constitution) and the prohibition of discrimination and remedies contained in section 65 of the Labour Proclamation. The Committee requests information on the application and impact of these provisions in practice, including the number of complaints lodged with the Ministry under section 65(2). Noting that under the Macro Policy of 1994 the participation of women in education and economic activities and employment is to be expanded, the Committee asks the Government to continue to provide information on these and other practical measures taken towards achieving this objective. Please also provide statistical information on the current level of women’s participation in the various types of education and training, as well as information indicating the level of participation in economic activities, including the formal labour market.

5. Article 3(e). Observance of the policy by employment services. With regard to section 118(7) of the Labour Proclamation No. 118/2001, the Committee asks the Government to indicate whether this section or any other provision in national legislation provides protection from discrimination with regard to access to employment, as required under Article 1, paragraph 3, of the Convention. Noting the Government’s statement that the fact that jobseekers can apply for a job through public employment services, as provided for under section 5 of the Labour Proclamation, can assist in eliminating discrimination and giving equal access to employment and to particular occupations, the Committee asks the Government to indicate the methods used by the public employment services to ensure non-discrimination and equal access to employment and occupation.

6. Article 5. Special measures. With regard to the prohibited grounds of discrimination other than sex, listed in Article 1, paragraph 2, of the Convention, the Committee notes from the Government’s report that the Ministry of Education provides for vocational and technical training for disadvantaged ethnic groups. The Committee asks the Government to continue to provide information on this or any other measure taken to ensure equality of opportunity and treatment of members of ethnic minorities. The Government is also requested to submit information on the measures taken to ensure the application of the Convention in practice with regard to discrimination on the basis of religion, political opinion, national extraction and social origin.

7. Part V of the report form. Statistics. The Committee notes that the Government made requests for technical assistance to the ILO to support the Government in establishing statistical information on the participation of women in education and employment, as well as with regard to capacity building concerning the principles and application of the Convention among government officials and social partners. It hopes that the Office will shortly be in a position to provide the requested assistance.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee recalls that at its 282nd Session (November 2001) the Governing Body of the ILO approved the report of the tripartite committee set up to examine the representation alleging non-observance of Ethiopia of Conventions Nos. 111 and 158, made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers (GB.282/14/5). The Governing Body concluded that large-scale deportations of persons, including workers from Ethiopia to Eritrea and vice versa, occurred following the outbreak of the border conflict in May 1998. Recalling its previous comments following up on the Governing Body’s conclusions, the Committee notes from the Government’s report that Eritrea filed its statement of claims with the Eritrea-Ethiopia Claims Commission on 12 December 2001 in accordance with the Commission’s instructions. The statement included claims relating to Ethiopia’s treatment of workers of Eritrean nationality or origin (Eritrea claim 15 – persons expelled from Ethiopia; and Eritrea claim 23 – Eritrean nationals and persons of Eritrean origin remaining in Ethiopia). The Government indicates that it is currently preparing its counter-memorial with regard to the claims relating to expelled persons, while the memorial regarding persons that are still within Ethiopia will be due at a later stage. The Committee notes the Government’s assurances that it would take all the necessary measures to implement fully any awards rendered. It also confirmed that Ethiopians residing in Eritrea were entitled to their employment rights and in case of abuse, victims were able to assert their rights. The Committee thanks the Government for this update and requests the Government to continue to provide information on its cooperation with the Government of Ethiopia and the Eritrea Ethiopia Claims Commission with regard to employment-related claims, any awards issued in regard to such claims, as well as the measures taken to implement them.

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

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s brief report which again does not contain a reply to previous comments. It hopes that the next report will include full information in reply to the previous direct request which raised the following points.

1. Article 1 of the Convention. Discrimination on the basis of national extraction. Noting that neither the Constitution nor the Labour Proclamation expressly prohibits discrimination on the basis of national extraction, the Government is requested to indicate the manner in which discrimination on this ground is prohibited. In this regard, the Government may wish to clarify the meaning of the terms "nationality" and "lineage" used in sections 23(4) and 118(7) of the Labour Proclamation.

2. Direct and indirect discrimination. The Committee recalls that in referring to the "effect" of a distinction, exclusion or preference on equality of opportunity and treatment, Article 1(1)(a) of the Convention uses the objective consequences of these measures as a criterion and, thus, covers both direct and indirect discrimination. Indirect discrimination refers to apparently neutral conditions, regulations, criteria or practices, which are applied to everyone, but which in fact result in a disproportionately harsh impact on some persons on the basis of one or more characteristics related to the grounds listed in the Convention. The Committee requests the Government to clarify whether the relevant national legislation is intended to cover both direct and indirect discrimination as required by the Convention.

3. Scope of application. The Committee notes that the Labour Proclamation does not apply to employment in the civil service, the military, police and security forces, nor to judges and prosecutors and certain managerial positions. In this context the Committee notes that the Draft Civil Service Code, which is in the process of adoption, contains a provision on non-discrimination. The Government is asked to provide information on the measures taken to ensure the application of the Convention with respect to employment not covered by the Labour Proclamation, including the progress made towards the adoption of the Civil Service Code. In the absence of any prohibition of discrimination in public service employment, the Committee particularly requests the Government to provide information on the measures taken to ensure non-discrimination in that sector, including at the stage of recruitment. Noting that under section 40 of the Labour Proclamation, the Minister of Labour and Human Welfare may determine the provisions of the Proclamation that shall apply to all, or to a category of domestic workers, the Committee asks the Government to indicate whether such a determination has been made.

4. Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee previously noted with interest the constitutional protection of the human rights of women (article 7(2) of the Constitution) and the prohibition of discrimination and remedies contained in section 65 of the Labour Proclamation. The Committee requests information on the application and impact of these provisions in practice, including the number of complaints lodged with the Ministry under section 65(2). In this context, the Committee also noted with interest that the Ministry of Education has taken certain positive action measures to promote the participation of female trainees in vocational and technical schools. Noting that under the Macro Policy of 1994 the participation of women in education and economic activities and employment is to be expanded, the Committee asks the Government to continue to provide information on these and other practical measures taken towards achieving this objective. Please also provide statistical information on the current level of women’s participation in the various types of education and training, as well as information indicating the level of participation in economic activities, including the formal labour market.

5. Article 3(e). Observance of the policy by employment services. With regard to section 118(7) of the Labour Proclamation No. 118/2001, the Committee asks the Government to indicate whether this section or any other provision in national legislation provides protection from discrimination with regard to access to employment, as required under Article 1, paragraph 3, of the Convention. Noting the Government’s statement that the fact that jobseekers can apply for a job through public employment services, as provided for under section 5 of the Labour Proclamation, can assist in eliminating discrimination and giving equal access to employment and to particular occupations, the Committee asks the Government to indicate the methods used by the public employment services to ensure non-discrimination and equal access to employment and occupation.

6. Article 5. Special measures. With regard to the prohibited grounds of discrimination other than sex, listed in Article 1, paragraph 2, of the Convention, the Committee notes from the Government’s report that the Ministry of Education provides for vocational and technical training for disadvantaged ethnic groups. The Committee asks the Government to continue to provide information on this or any other measure taken to ensure equality of opportunity and treatment of members of ethnic minorities. The Government is also requested to submit information on the measures taken to ensure the application of the Convention in practice with regard to discrimination on the basis of religion, political opinion, national extraction and social origin.

7. Part V of the report form. Statistics. The Committee notes that the Government made requests for technical assistance to the ILO to support the Government in establishing statistical information on the participation of women in education and employment, as well as with regard to capacity building concerning the principles and application of the Convention among government officials and social partners. It hopes that the Office will shortly be in a position to provide the requested assistance.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s brief report which again does not contain a reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous observation, which read as follows:

The Committee recalls that at its 282nd Session (November 2001) the Governing Body of the ILO approved the report of the tripartite committee set up to examine the representation alleging non-observance of Ethiopia of Conventions Nos. 111 and 158, made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers (GB.282/14/5). The Governing Body concluded that large-scale deportations of persons, including workers from Ethiopia to Eritrea and vice versa, occurred following the outbreak of the border conflict in May 1998. Recalling its previous comments following up on the Governing Body’s conclusions, the Committee notes from the Government’s report that Eritrea filed its statement of claims with the Eritrea-Ethiopia Claims Commission on 12 December 2001 in accordance with the Commission’s instructions. The statement included claims relating to Ethiopia’s treatment of workers of Eritrean nationality or origin (Eritrea claim 15 - persons expelled from Ethiopia; and Eritrea claim 23 - Eritrean nationals and persons of Eritrean origin remaining in Ethiopia). The Government indicates that it is currently preparing its counter-memorial with regard to the claims relating to expelled persons, while the memorial regarding persons that are still within Ethiopia will be due at a later stage. The Committee notes the Government’s assurances that it would take all the necessary measures to fully implement any awards rendered. It also confirmed that Ethiopians residing in Eritrea were entitled to their employment rights and in case of abuse, victims were able to assert their rights. The Committee thanks the Government for this update and requests the Government to continue to provide information on its cooperation with the Government of Ethiopia and the Eritrea Ethiopia Claims Commission with regard to employment-related claims, any awards issued in regard to such claims, as well as the measures taken to implement them.

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

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised it is previous direct request, which read as follows:

1. Noting that neither the Constitution nor the Labour Proclamation expressly prohibits discrimination on the basis of national extraction, the Government is requested to indicate the manner in which discrimination on this ground is prohibited. In this regard, the Government may wish to clarify the meaning of the terms of "nationality" and "lineage" used in sections 23(4) and 118(7) of the Labour Proclamation.

2. The Committee notes that the Labour Proclamation does not apply to employment in the civil service, the military, police and security forces, nor to judges and prosecutors and certain managerial positions. In this context the Committee notes that the Draft Civil Service Code, which is in the process of adoption, contains a provision on non-discrimination. The Government is asked to provide information on the measures taken to ensure the application of the Convention with respect to employment not covered by the Labour Proclamation, including the progress made towards the adoption of the Civil Service Code. In the absence of any prohibition of discrimination in public service employment, the Committee particularly requests the Government to provide information on the measures taken to ensure non-discrimination in that sector, including at the stage of recruitment. Noting that under section 40 of the Labour Proclamation, the Minster of Labour and Human Welfare may determine the provisions of the Proclamation that shall apply to all, or to a category of domestic workers, the Committee asks the Government to indicate whether such a determination has been made.

3. With regard to section 118(7) of the Labour Proclamation No. 118/2001, the Committee asks the Government to indicate whether this section or any other provision in national legislation provides protection from discrimination with regard to access to employment, as required under Article 1, paragraph 3, of the Convention. Noting the Government’s statement that the fact that job seekers can apply for a job through public employment services, as provided for under section 5 of the Labour Proclamation, can assist in eliminating discrimination and giving equal access to employment and to particular occupations, the Committee asks the Government to indicate the methods used by the public employment service to ensure non-discrimination and equal access to employment and occupation.

4. The Committee recalls that in referring to the "effect" of a distinction, exclusion or preference on equality of opportunity and treatment, Article 1(1)(a) of the Convention uses the objective consequences of these measures as a criterion and, thus, covers both direct and indirect discrimination. Indirect discrimination refers to apparently neutral conditions, regulations, criteria or practices, which are applied to everyone, but which in fact result in a disproportionately harsh impact on some persons on the basis of one or more characteristics related to the grounds listed in the Convention. The Committee requests the Government to clarify whether the relevant national legislation is intended to cover both direct and indirect discrimination as required by the Convention.

5. The Committee notes with interest the constitutional protection of the human rights of women (article 7(2) of the Constitution) and the prohibition of discrimination and remedies contained in section 65 of the Labour Proclamation. The Committee requests information on the application and impact of these provisions in practice, including the number of complaints lodged with the Ministry under section 65(2). In this context, the Committee notes with interest that the Ministry of Education has taken certain positive action measures to promote the participation of female trainees in vocational and technical schools. Noting that under the Macro Policy of 1994 the participation of women in education and economic activities and employment is to be expanded, the Committee asks the Government to continue to provide information on these and other practical measures taken towards achieving this objective. Please also provide statistical information on the current level of women’s participation in the various types of education and training, as well as information indicating the level of participation in economic activities, including the formal labour market.

6. With regard to the prohibited grounds of discrimination other than sex, listed in Article 1, paragraph 2, of the Convention, the Committee notes from the Government’s report that the Ministry of Education provides for vocational and technical training for disadvantaged ethnic groups. The Committee asks the Government to continue to provide information on this or any other measure taken to ensure equality of opportunity and treatment of members of ethnic minorities. The Government is also requested to submit information on the measures taken to ensure the application of the Convention in practice with regard to discrimination on the basis of religion, political opinion, national extraction and social origin.

7. The Committee notes that the Government made requests for technical assistance to the ILO to support the Government in establishing statistical information on the participation of women in education and employment, as well as with regard to capacity building concerning the principles and application of the Convention among government officials and social partners. It hopes that the Office will shortly be in a position to provide the requested assistance.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee recalls that at its 282nd Session (November 2001) the Governing Body of the ILO approved the report of the tripartite committee set up to examine the representation alleging non-observance of Ethiopia of Conventions Nos. 111 and 158, made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers (GB.282/14/5). The Governing Body concluded that large-scale deportations of persons, including workers from Ethiopia to Eritrea and vice versa, occurred following the outbreak of the border conflict in May 1998. Recalling its previous comments following up on the Governing Body’s conclusions, the Committee notes from the Government’s report that Eritrea filed its statement of claims with the Eritrea-Ethiopia Claims Commission on 12 December 2001 in accordance with the Commission’s instructions. The statement included claims relating to Ethiopia’s treatment of workers of Eritrean nationality or origin (Eritrea claim 15 - persons expelled from Ethiopia; and Eritrea claim 23 - Eritrean nationals and persons of Eritrean origin remaining in Ethiopia). The Government indicates that it is currently preparing its counter-memorial with regard to the claims relating to expelled persons, while the memorial regarding persons that are still within Ethiopia will be due at a later stage. The Committee notes the Government’s assurances that it would take all the necessary measures to fully implement any awards rendered. It also confirmed that Ethiopians residing in Eritrea were entitled to their employment rights and in case of abuse, victims were able to assert their rights. The Committee thanks the Government for this update and requests the Government to continue to provide information on its cooperation with the Government of Ethiopia and the Eritrea Ethiopia Claims Commission with regard to employment-related claims, any awards issued in regard to such claims, as well as the measures taken to implement them.

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

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

Further to its observation, the Committee requests the Government to provide further information in respect of the following matters.

1. Noting that neither the Constitution nor the Labour Proclamation expressly prohibits discrimination on the basis of national extraction, the Government is requested to indicate the manner in which discrimination on this ground is prohibited. In this regard, the Government may wish to clarify the meaning of the terms of "nationality" and "lineage" used in sections 23(4) and 118(7) of the Labour Proclamation.

2. The Committee notes that the Labour Proclamation does not apply to employment in the civil service, the military, police and security forces, nor to judges and prosecutors and certain managerial positions. In this context the Committee notes that the Draft Civil Service Code, which is in the process of adoption, contains a provision on non-discrimination. The Government is asked to provide information on the measures taken to ensure the application of the Convention with respect to employment not covered by the Labour Proclamation, including the progress made towards the adoption of the Civil Service Code. In the absence of any prohibition of discrimination in public service employment, the Committee particularly requests the Government to provide information on the measures taken to ensure non-discrimination in that sector, including at the stage of recruitment. Noting that under section 40 of the Labour Proclamation, the Minster of Labour and Human Welfare may determine the provisions of the Proclamation that shall apply to all, or to a category of domestic workers, the Committee asks the Government to indicate whether such a determination has been made.

3. With regard to section 118(7) of the Labour Proclamation No. 118/2001, the Committee asks the Government to indicate whether this section or any other provision in national legislation provides protection from discrimination with regard to access to employment, as required under Article 1, paragraph 3, of the Convention. Noting the Government’s statement that the fact that job seekers can apply for a job through public employment services, as provided for under section 5 of the Labour Proclamation, can assist in eliminating discrimination and giving equal access to employment and to particular occupations, the Committee asks the Government to indicate the methods used by the public employment service to ensure non-discrimination and equal access to employment and occupation.

4. The Committee recalls that in referring to the "effect" of a distinction, exclusion or preference on equality of opportunity and treatment, Article 1(1)(a) of the Convention uses the objective consequences of these measures as a criterion and, thus, covers both direct and indirect discrimination. Indirect discrimination refers to apparently neutral conditions, regulations, criteria or practices, which are applied to everyone, but which in fact result in a disproportionately harsh impact on some persons on the basis of one or more characteristics related to the grounds listed in the Convention. The Committee requests the Government to clarify whether the relevant national legislation is intended to cover both direct and indirect discrimination as required by the Convention.

5. The Committee notes with interest the constitutional protection of the human rights of women (article 7(2) of the Constitution) and the prohibition of discrimination and remedies contained in section 65 of the Labour Proclamation. The Committee requests information on the application and impact of these provisions in practice, including the number of complaints lodged with the Ministry under section 65(2). In this context, the Committee notes with interest that the Ministry of Education has taken certain positive action measures to promote the participation of female trainees in vocational and technical schools. Noting that under the Macro Policy of 1994 the participation of women in education and economic activities and employment is to be expanded, the Committee asks the Government to continue to provide information on these and other practical measures taken towards achieving this objective. Please also provide statistical information on the current level of women’s participation in the various types of education and training, as well as information indicating the level of participation in economic activities, including the formal labour market.

6. With regard to the prohibited grounds of discrimination other than sex, listed in Article 1, paragraph 2, of the Convention, the Committee notes from the Government’s report that the Ministry of Education provides for vocational and technical training for disadvantaged ethnic groups. The Committee asks the Government to continue to provide information on this or any other measure taken to ensure equality of opportunity and treatment of members of ethnic minorities. The Government is also requested to submit information on the measures taken to ensure the application of the Convention in practice with regard to discrimination on the basis of religion, political opinion, national extraction and social origin.

7. The Committee notes that the Government made requests for technical assistance to the ILO to support the Government in establishing statistical information on the participation of women in education and employment, as well as with regard to capacity building concerning the principles and application of the Convention among government officials and social partners. It hopes that the Office will shortly be in a position to provide the requested assistance.

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

1. The Committee recalls that at its 282nd Session (November 2001) the Governing Body of the ILO approved the report of the tripartite committee set up to examine the representation alleging non-observance by Ethiopia of Conventions Nos. 111 and 158, made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers (GB.282/14/5). The Governing Body concluded that large-scale deportations of persons including workers from Ethiopia to Eritrea and vice versa occurred following the outbreak of the border conflict in May 1998 and invited the Committee of Experts to review the situation also in respect to Eritrea when the Government reports on the application of Convention No. 111.

2. In the context of the above, the Committee requested the Government to include in its first report on the Convention information on the measures taken to ensure that there is no discrimination against Ethiopian workers and Eritreans of Ethiopian origin on the grounds of political opinion and national extraction, as well as on the following points: (a) the cooperation with the Government of Ethiopia and social partners in the operation of the mechanisms created in the Algiers Agreement of 12 December 2000, in particular on claims submitted to the claims commission and any decisions reached by the latter; (b) the measures taken, in line with any decision of the claims commission, to remedy as fully as possible the situation of the displaced workers and to grant appropriate relief; and (c) the measures taken to provide for an effective right of appeal for those persons who may be accused in the future of engaging in activities prejudicial to the security of the State.

3. The Committee notes from the Government’s first report that under article 14 of the Constitution all persons are equal under the law and that no person may be discriminated against on account of race, ethnic origin, language, colour, gender, religion, disability, age, political view, or social or economic status or any other improper factors. According to section 23(4) of the Labour Proclamation of Eritrea (No. 118/2001) an employee’s race, colour, nationality, sex, religion, lineage, pregnancy, family responsibility, marital status, political orientation or social status may not constitute legitimate grounds for the termination of an employment contract by an employer. Section 118(7) provides that acts done by an employer, which discriminate on the grounds of race, colour, social origin, nationality, sex, political orientation or religion, are considered to be unfair labour practice, an offence punishable under section 156 of the Proclamation. The Committee asks the Government to provide information on the application of these provisions in practice and on any concrete measure taken to ensure that there is no discrimination against Ethiopian workers and Eritreans of Ethiopian origin on the grounds of political opinion and national extraction. Further, the Committee reiterates its request for information on points (a)-(c) mentioned in point 2 of the present observation.

In addition, a request regarding other points is being addressed directly to the Government.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s first report which it will examine in detail at its next session. Noting that the report contains no reply to its previous comments, it must repeat its previous observation which read as follows:

1. The Committee notes that at its 282nd Session (November 2001), the Governing Body of the ILO approved the report of the tripartite committee set up to examine the representation alleging non-observance of Ethiopia of Conventions Nos. 111 and 158, made under article 24 of the ILO Constitution by National Confederation of Eritrean Workers (NCEW). The complaint concerned allegations of deportations of Ethiopians of Eritrean origin and Eritreans legally established and residing and working in Ethiopia in violation of these Conventions. The tripartite committee concluded that large-scale deportations of persons including workers from Ethiopia to Eritrea and vice versa occurred following the outbreak of the border conflict in May 1998 and that it must consider the situation in its broader context, while making it clear that in doing so that as regards the complaint only Ethiopia was bound by Conventions Nos. 111 and 158. The Governing Body invited the Committee of Experts to review the situation in respect to Eritrea when the Government reports on the application of Convention No. 111, which entered into force for Eritrea on 22 February 2001.

2. This Committee follows the Governing Body in welcoming the fact that the Governments of Ethiopia and Eritrea and their social partners have expressed a desire to reach a peaceful solution to the border dispute between the two countries, reaffirming their acceptance of the OAU Framework Agreement and Modalities for its Implementation. The Committee also notes the establishment, under the Algiers Agreement of 12 December 2000, of a claims commission with jurisdiction over claims of deportees and the Governing Body’s view that it would be appropriate for the issues raised in the representation to be dealt with in the claims commission as it has powers to grant monetary and other appropriate relief.

3. In the light of the above, the Committee requests the Government to include in its first report on the application of the Convention, which is due in 2002, information on the measures taken to ensure non-discrimination of Ethiopian workers and Eritreans of Ethiopian origin on the grounds of political opinion and national extraction, as well as on the following points: (a) the cooperation with the Government of Ethiopia and social partners in respect to the mechanisms created in the Algiers Agreement of 12 December 2000, in particular on claims submitted to the claims commission and any decisions reached by the latter; (b) the measures taken, in line with any decision of the claims commission, to remedy as fully as possible the situation of the displaced workers and to grant appropriate relief (c) the measures taken to provide for an effective right of appeal for those persons that may be accused in future of engaging in activities prejudicial to the security of the State.

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

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes that at its 282nd Session (November 2001), the Governing Body of the ILO approved the report of the tripartite committee set up to examine the representation alleging non-observance of Ethiopia of Conventions Nos. 111 and 158, made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers (NCEW). The complaint concerned allegations of deportations of Ethiopians of Eritrean origin and Eritreans legally established and residing and working in Ethiopia in violation of these Conventions. The Governing Body concluded that large-scale deportations of persons including workers from Ethiopia to Eritrea and vice versa occurred following the outbreak of the border conflict in May 1998 and that it must consider the situation in its broader context, while making it clear that in doing so that only Ethiopia was bound at that time by Conventions Nos. 111 and 158. The Governing Body invited the Committee of Experts to review the situation in respect to Eritrea when the Government reports on the application of Convention No. 111, which entered into force for Eritrea on 22 February 2001 (see GB.282/14/5).

2. This Committee follows the Governing Body in welcoming the fact that the Governments of Ethiopia and Eritrea and their social partners have expressed a desire to reach a peaceful solution to the border dispute between the two countries, reaffirming their acceptance of the OAU framework agreement and modalities for its implementation. The Committee also notes the establishment, under the Algiers Agreement of 12 December 2000, of a claims commission with jurisdiction over claims of deportees and the Governing Body’s view that it would be appropriate for the issues raised in the representation to be dealt with in the claims commission as it has powers to grant monetary and other appropriate relief.

3. In the light of the above, the Committee requests the Government to include in its first report on the application of the Convention, which is due in 2002, information on the measures taken to ensure that there is no discrimination against Ethiopian workers and Eritreans of Ethiopian origin on the grounds of political opinion and national extraction, as well as on the following points: (a) the cooperation with the Government of Ethiopia and social partners in the operation of the mechanisms created in the Algiers Agreement of 12 December 2000, in particular on claims submitted to the claims commission and any decisions reached by the latter; (b) the measures taken, in line with any decision of the claims commission, to remedy as fully as possible the situation of the displaced workers and to grant appropriate relief; and (c) the measures taken to provide for an effective right of appeal for those persons that may be accused in future of engaging in activities prejudicial to the security of the State.