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

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

Previous comment

Articles 1, 2, 4 and 6 of the Convention. Legislative issues. The personal scope of the Convention. In its previous comments the Committee had noted that Eritrean law does not explicitly provide domestic workers the rights guaranteed under the Convention and that all civil servants, including those not engaged in the administration of the State are excluded from the scope of the Labour Proclamation and no other special law provides them with the rights guaranteed by the Convention. The Committee notes that regarding domestic workers the Government indicates that it is because of the personal nature of the services rendered by these workers and the isolation in which they work that the law gives the Minister the power to issue a regulation specifically applicable to them and reiterates that the process of drafting the regulation that will afford domestic workers the rights enshrined in the Convention is still underway. The Government further indicates that the 2015 Civil Code also includes certain provisions on the rights of domestic employees. The Committee notes that the 2015 Civil Code contains provisions on the contract of domestic employment without however covering the rights to organize and collective bargaining. Concerning civil servants not engaged in the administration of the State, the Government reiterates that they will have access to the right to organize and collective bargaining upon the adoption of the Civil Service Code, and in the meantime, the provisions of the Civil Code shall apply to them. The Committee notes that section 2182 of the Civil Code refers to the determination of the procedure for collective bargaining, the form and content of a collective agreement, and its duration according to special legislation, namely sections 99-114 of the Labour Proclamation No. 118/2001 (LP). Whereas civil servants not engaged in the administration of the state and domestic workers are not covered by these provisions, the Committee notes with concern that Eritrean law still fails to guarantee these two groups of workers the rights enshrined in the Convention. The Committee therefore urges the Government to accelerate the process of adoption of the Ministerial Regulation concerning domestic workers and the Civil Service Code and to ensure that the rights enshrined in the Convention are duly guaranteed in this framework. It requests the Government to provide information on any measures taken in this respect and to communicate the relevant legislative drafts.

Adequate protection against anti-union discrimination and acts of interference. In its previous comments, the Committee had noted that the LP neither provides for remedies in case of anti-union discrimination at recruitment and during employment, nor for reinstatement of union members other than leaders dismissed for union membership or activities. It had further noted that legal compensation and sanctions against anti-union discrimination and acts of interference are inadequate. The Committee notes that the Government indicates in this regard that the Ministry of Labour and Social Welfare is engaged to finalize the amendments of the LP concerning protection against anti-union discrimination during employment and the compensation provided. Concerning sanctions against acts of interference and anti-union discrimination, the Government indicates that these acts are unfair labour practices entailing punishment and it is up to the complainant or the labour inspector to file a suit in the First Instance Labour Court of Eritrea in this regard. The Government also once again refers to the provisions of the Transitional Penal Code of Eritrea (TPC) concerning “petty offences” as legal basis for further applicable sanctions. The Committee notes however that section 692 of the TPC refers to penalties provided in special legislation, namely a fine not exceeding 1,200 Nakfa – US$80 – pursuant to section 118(5) of the LP. The Committee is bound to note that this fine cannot be considered an effective or dissuasive sanction. The Committee therefore once again urges the Government to review the Labour Proclamation with a view to: (i) providing adequate protection against anti-union discrimination to all workers at every moment of the employment relationship, including recruitment, during employment and at its termination; (ii) ensuring that adequate compensation is provided to victims both in occupational and financial terms; and (iii) modify section 118(5) of the LP, with a view to providing effective and sufficiently dissuasive sanctions against anti-union discrimination and acts of interference. It requests the Government to provide information on any measures taken in this respect.

Articles 4, 5 and 6. Promotion of collective bargaining. Compulsory national service. In its previous comments, the Committee had noted that during the compulsory national service, which is of indefinite duration and contains both a military and a civilian component, Eritrean nationals were deprived of their right to collective bargaining. The Committee notes the Government’s indication that while conscripts are excluded from the right to collective bargaining during the service of purely military character, those who perform national service in state-owned enterprises have bargaining rights equal to that of other workers, and those who work in other public sector positions can exercise their rights under the Civil Code. The Committee considers that the servicepersons who perform non-military work in public service positions and are not engaged in the administration of the State should have the right to collective bargaining and notes that the Civil Code does not provide a framework for collective bargaining. As to the duration of the service, the Committee notes that pursuant to the report of the UN Special Rapporteur on the Situation of Human Rights in Eritrea it continues to be indefinite, both in its military and civilian components (A/HRC/53/20, paragraph 27). In view of the foregoing, the Committee notes that all persons performing compulsory national service, with the probable exception of those assigned to work in state-owned enterprises, continue to be deprived of their right to collective bargaining for periods that have no limitation in practice. The Committee therefore urges the Government to ensure that Eritrean nationals are not denied their right to bargain collectively beyond the scope of the exceptions set out in Articles 5 and 6 of the Convention. The Committee requests the Government to provide information on any measures taken in this respect.

Promotion of collective bargaining in practice. In its previous comment, the Committee had requested the Government to take action to promote free and voluntary collective bargaining and to provide updated information on collective agreements concluded and in force. The Committee notes that the Government merely repeats information provided in its previous report. The Committee therefore once again requests the Government to:(i) take action to promote free and voluntary collective bargaining and to inform on the initiatives taken in this respect; and (ii) provide updated information on the number of collective agreements concluded and in force disaggregated by the sectors concerned, the names of employers’ and workers’ organizations party to those agreements and the number of workers covered.

The Committee reminds the Government of the possibility to avail itself of ILO technical assistance regarding the issues raised in this comment.

[The Government is asked to reply in full to the present comments in 2024.]

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

Articles 1, 2, 4 and 6 of the Convention. Legislative issues. In its previous comments the Committee noted the following shortcomings in the currently applicable legislation:

• (i)With regard to the protection against anti-union discrimination and acts of interference, the law does not provide for remedies in case of anti-union discrimination at recruitment and during employment, neither does it provide for reinstatement of union members other than leaders dismissed for union membership or activities. Legal compensation and sanctions against anti-union discrimination and acts of interference are inadequate.
• (ii)With regard to the scope of application of the Convention, the law does not explicitly provide domestic workers with the rights guaranteed in the Convention. Furthermore, all civil servants, including those not engaged in the administration of the State, are excluded from the scope of the Labour Proclamation and no other special law provides them with the rights guaranteed in the Convention.

With regard to protection against anti-union discrimination and acts of interference, the Committee notes that the Government reiterates its previous indication that section 691 of the Transitional Penal Code sanctions anti-union discrimination. The Committee had noted in this regard that section 691 contains a general definition of petty offences and does not particularly concern anti-union discrimination or acts of interference, which are not qualified as petty offences in any specific legal provision. With regard to domestic workers, the Committee notes that the Government reiterates that they are not out of the scope of the Labour Proclamation; that the guarantees enshrined in the Convention can be afforded to them through directives and regulations; and that the Ministry of Labour and Social Welfare has engaged in drafting the relevant regulation. With regard to civil servants not engaged in the administration of the State, the Committee notes the Government’s indication that professional associations have been established and registered under articles 404 and 406 of the Transitional Civil Code, whose members are mostly civil servants. The Government cites as examples Teachers’ Association, Medical Doctors’ Association, Nurses’ Association, Electrical Contractors’ Association and Engineers’ Association. The Committee notes in this regard that in accordance with the Transitional Civil Code, civil law associations do not have the same rights as labour law associations in terms of representation of the occupational interests of their members in relation to the employer and the authorities and are not entitled to participate in the process of collective bargaining. Furthermore, civil law associations are not covered by labour law guarantees such as prohibition of anti-union discrimination and non-interference. The Committee notes that despite its longstanding requests for legislative reform, the Government indicates once again that the ministerial regulation concerning domestic workers, as well as the civil service code are still in the drafting process, and it does not refer to any measure envisaged to strengthen protection against anti-union discrimination and acts of interference. In view of the above considerations, the Committee notes with concern that no progress is made with regard to these longstanding legislative issues.Therefore, it once again urges the Government to take all the necessary measures to enact new legislation or revise the existing law in order to (i) provide adequate protection against anti-union discrimination and acts of interference; and (ii) ensure that domestic workers and civil servants who are not engaged in the administration of the State enjoy the right to organize and collectively bargain. The Committee requests the Government to provide information on the developments in this regard.

Articles 4, 5 and 6. Promotion of collective bargaining. Compulsory national service. In its previous comments, the Committee had noted that Eritrean nationals performing work within the national compulsory service are not covered by the Labour Proclamation provisions related to collective bargaining and that large numbers of Eritrean nationals were denied the right to collective bargaining for indefinite periods of their active lives while they were performing civilian activities as part of their indefinite compulsory national service. The Committee once again urges the Government to take the necessary measures to ensure that Eritrean nationals are not denied the right to bargain collectively beyond the scope of the exceptions set out in Articles 5 and 6 of the Convention and to provide information on the developments in this respect.

Promotion of collective bargaining in practice.The Committee notes the information provided by the Government on the number of registered collective agreements, according to which there are 100 collective agreements registered that cover 17,677 workers, including 10,552 men and 7,123 women. It notes that according to this information only for a small portion of the workforce in Eritrea the terms and conditions of employment are regulated by collective agreements. The Committee requests the Government to: (i) take action to promote free and voluntary collective bargaining and to inform on the initiatives taken in this respect; and (ii) provide updated information on the number of collective agreements concluded and in force disaggregated by the sectors concerned, the names of employers’ and workers’ organizations party to those agreements and the number of workers covered.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 4 of the Convention. Regulation of collective bargaining. The Committee notes that section 2182 of the Civil Code adopted in 2015 provides for the possibility of concluding collective agreements and that the second paragraph of this provision provides that the procedure for collective bargaining, the form and content of a collective agreement, and the duration of the agreement shall be determined by special legislation. Considering that the Labour Proclamation of 2001 regulates collective agreements and the procedure for collective bargaining in its sections 99–114, the Committee requests the Government to clarify whether section 2182 of the Civil Code should be understood as referring to the above-cited provisions of the Labour Proclamation.

Promotion of collective bargaining in practice. The Committee notes the information provided by the Government on the number of registered collective agreements. It requests the Government to provide updated information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements in its next report.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1, 2 and 4 of the Convention. Legislative issues. The Committee recalls that since its first examination of application of the Convention in Eritrea, it has consistently requested the Government to amend legislation or adopt additional laws and regulations in order to provide adequate protection against anti-union discrimination and acts of interference, and to recognize and guarantee the rights of domestic workers and civil servants under the Convention.

With regard to protection against anti-union discrimination and acts of interference, the Committee notes that the Government reiterates that violations of prohibition of anti-union discrimination and acts of interference are punishable as a petty offence under article 691 of the Transitional Penal Code of Eritrea, which concerns infringement of a provision of a regulation, order or decree lawfully issued by a competent authority. The Government further recognizes that with regard to acts of anti-union discrimination during employment, the Labour Proclamation only provides for reinstatement of trade union leaders in cases of unjustified dismissal. Therefore, the Ministry of Labour and Social Welfare will conduct a tripartite workshop with a view to finalizing the drafting of relevant legal provisions. The Committee is bound to note that the Government’s indications do not contain any novelty concerning the legislative shortcomings of the protection against anti-union discrimination and acts of interference. It notes that article 691 of the Transitional Penal Code contains a general definition of petty offences, and does not particularly concern anti-union discrimination or acts of interference, which do not seem to be qualified as petty offences in any specific legal provision. Furthermore, in view of the fact that a new Penal Code was adopted and published in 2015, which seems to replace the Transitional Penal Code, the Committee requests the Government to clarify whether the provisions of the previous Transitional Penal Code are still in force in the country.

With regard to domestic workers, the Committee notes that the Government indicates that: (i) since domestic workers are not included in the list of article 3 of Labour Proclamation, which enumerates the groups of workers that fall outside its scope, it is reasonable to construe the text as providing coverage for this group; (ii), under article 40 of the Proclamation, which grants to the Minister the power to determine the provisions of the Proclamation which shall apply to domestic workers, the guarantees enshrined in the Convention can be afforded to domestic workers by directive or regulation; and (iii) the 2015 Civil Code also includes provisions concerning the rights of domestic workers and no domestic workers in Eritrea are prohibited from the rights to organize and collective bargaining. The Committee notes that articles 2274–2278 of the Civil Code concern the contract for domestic employment and the mutual obligations of the parties to it but that these provisions do not contain reference to freedom of association or the right to collective bargaining. Furthermore, while domestic workers are not excluded from the scope of Labour Proclamation under article 3, the Committee understands from the Government's response and the content of article 40 of the Proclamation that the application of all labour law guarantees, including those concerning collective rights, to domestic workers would be entirely dependent on the content of a future ministerial directive. Therefore, the Committee once again notes with concern that Eritrean law still does not explicitly provide domestic workers with the rights established in the Convention.

With regard to public sector, the Committee notes that the Government indicates that the workers of public sector who are excluded from the scope of Labour Proclamation pursuant to its article 3, have the right to organize and bargain collectively, as in the absence of the Civil Service Code the transitional civil code prevails. The Committee notes nevertheless that in 2015 a new Civil Code was published that replaced the Transitional Civil Code of 1991, and that article 2176 of this Code excludes members of the military, police, and security forces, as well as members of the Eritrean civil services, judges and prosecutors from the scope of the chapter on employment. Article 2182 of the Civil Code, which establishes the right to conclude collective agreements, is in this chapter. The Committee is therefore bound to note that the new Civil Code reproduces the exclusions of article 3 of Labour Proclamation concerning public sector employees. The Committee recalls in this regard that the Convention covers all workers and employers, and their respective organizations, in both the private and the public sectors, regardless of whether the service is essential. The only exceptions authorized concern the armed forces and the police, as well as public servants engaged in the administration of the State. In view of the above considerations and noting with concern the absence of progress with respect to the various substantive legislative issues raised in its previous comments, the Committee once again urges the Government to take all the necessary measures to enact new legislation or revise the existing legislation in order to: (i) provide adequate protection against anti-union discrimination and acts of interference, and (ii) ensure that domestic workers and civil servants who are not engaged in the administration of the State enjoy the right to organize and collectively bargain. The Committee requests the Government to provide information of the developments in this regard.

Articles 4, 5 and 6. Promotion of collective bargaining. Compulsory national service. The Committee recalls that in its previous comment, it had noted with concern that large numbers of Eritrean nationals were denied the right to collective bargaining for indefinite periods of their active lives while they were performing civilian activities that fell under the scope of the Convention as part of their obligation of compulsory national service. It had therefore urged the Government to take the necessary measures to ensure that Eritrean nationals are not denied the right to bargain collectively beyond the scope of the exceptions set out in Articles 5 and 6 of the Convention. The Committee notes the Government’s indication that conscripts may be called to perform non-military activities in specific circumstances, namely in genuine cases of emergency or force majeure. It further adds that that it has been taking progressive measures to demobilize and rehabilitate conscripts and is gradually integrating national service members into civil servants. The Committee notes the Government’s indications concerning the gradual demobilization of members of national service. Nevertheless, in view of the fact that current legislation does not guarantee the right of civil servants to collective bargaining, the Committee notes that where demobilization leads to integration into civil service, the demobilized will continue to be excluded from the right to collective bargaining. The Committee therefore once again emphasizes the importance of rapidly adopting a legal framework that would effectively guarantee the right of civil servants not engaged in the administration of the State to collective bargaining and urges the Government to take the necessary measures. The Committee requests the Government to provide information of the developments in this regard.

[The Government is asked to reply in full to the present comments in 2022.]

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Legislative issues. The Committee recalls that since its first examination of the application of the Convention in Eritrea in 2002 it had focused on a number of legislative issues and requested the Government to amend the legislation or adopt additional laws and regulations in order to address the following matters:

• – Articles 1 and 2 of the Convention. Protection against anti-union discrimination and acts of interference. The Committee had noted that the 2001 Labour Proclamation does not provide for an adequate protection against anti-union discrimination and acts of interference in terms of period of protection, the persons protected and the sanctions and remedies provided in law, and had requested the Government to amend the Proclamation so as to strengthen the protection against anti-union discrimination and acts of interference.
• – Articles 1, 2 and 4. Domestic workers. The Committee had noted that the Labour Proclamation does not explicitly grant the rights set out in the Convention to domestic workers as section 40 thereof entitles the Minister to determine by regulation the provisions of the Proclamation that apply to these workers. The Committee had expressed the hope that the guarantees enshrined in the Convention will soon be explicitly afforded to domestic workers by way of a regulation.
• – Article 6. Public sector. The Committee had noted that the civil servants in the Central Personnel Administration who are not engaged in the administration of the State are excluded from the scope of the Labour Proclamation and had requested the Government to explicitly recognize their rights to protection against anti-union discrimination and acts of interference, as well as their right to negotiate collectively their conditions of employment in the new Civil Service Proclamation.

The Committee notes that the Government: (i) recognizes that legislative measures should be taken as requested by the Committee in order to ensure adequate protection against anti-union discrimination and acts of interference but that the amendment process has not yet been finalized and the Ministry of Labour and Human Welfare intends to conduct a tripartite workshop aiming at finalizing the drafting process; (ii) with regard to domestic workers, indicates that giving effect to section 40 of the Labour Proclamation requires sufficient time and skill, and the new Civil Code contains certain provisions linked with the rights of domestic workers servants under the Convention, without however providing the text of the relevant provisions of the new Civil Code; and (iii) states that the draft Public Service Code has not been enacted yet either. The Committee notes that the Government replies concerning the legislative issues highlighted in the Committee’s comments reveal institutional shortcomings that have hindered the conclusion of drafting and enactment process of new legislation for many years. The Committee notes in this regard that the United Nations Commission of Inquiry on Human Rights in Eritrea had found that “since there is no legislation that regulates law-making procedures, codes, decrees and domestic legislation is prepared and adopted in the absence of a clear, transparent, consultative and inclusive process. Nobody really knows the procedure leading to the enactment of legislation or the author of a specific decree” (A/HRC/29/CRP.1, 5 June 2015, paragraph 299). The Committee further notes that in her latest report, the Special Rapporteur on the Situation of Human Rights in Eritrea, appointed by the United Nations Human Rights Council, informs the Council that there is still no parliament in Eritrea where laws could be discussed and questions of national importance debated (A/HRC/38/50, 25 June 2018, paragraph 28). The Committee notes that the institutional standstill described in the Special Rapporteur’s report does not favour the imminent adoption of new legislation. The Committee therefore urges the Government to take all the necessary measures so that the processes of drafting and enacting new legislation with a view to ensuring the conformity of Eritrean law with the Convention can be successfully brought to conclusion. The Committee further encourages the Government to seek the technical assistance of the Office with a specific focus on the issues raised in this observation.

Articles 4, 5 and 6. Promotion of collective bargaining. Compulsory national service. The Committee notes that pursuant to articles 19 and 30 of the National Service Proclamation (No. 82/1995), the Eritrean nationals performing work within the framework of national service are subject to martial law and regulations and that article 3 of the Labour Proclamation of Eritrea excludes members of the military, police and security forces from the scope of labour law. The Committee notes that it stems from the conjunction of the different provisions mentioned that the persons performing work within the national service are not covered by the Labour Proclamation provisions related to collective bargaining. The Committee further notes the discussions that took place in the International Labour Conference Committee for the Application of Standards (CAS) concerning the application of Forced Labour Convention, 1930 (No. 29), and the conclusions of the CAS in this regard in June 2015 and 2018 respectively, where reference was made to a systematic and large-scale practice of requiring Eritrean citizens to perform work for an indefinite period of time within the framework of programmes related to the obligation of national service involving numerous civilian activities such as construction and agriculture. The Committee recalls that the only restrictions to the scope of application of the Convention refer to the armed forces and the police as well as to the public servants engaged in the administration of the State (Articles 5 and 6 of the Convention). The Committee further highlights that the exception in Article 5 of the Convention, like the one embodied in Article 9 of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), is justified on the basis of the responsibility of the police and armed forces for the external and internal security of the State. This exception must therefore be restrictively interpreted, applying only to purely military and policing functions. As a result, persons engaged, under martial law, in activities such as agriculture, construction, civil administration and education that do not fall within military or policing activities or the administration of the State should be able to bargain collectively their conditions of employment. In view of the above legal and factual considerations, the Committee notes with concern that large numbers of Eritrean nationals are being denied the right to collective bargaining for indefinite periods of their active life while they are performing civilian activities that fall under the scope of the Convention as part of their obligation of compulsory national service. Noting the end of the “no war no peace situation” enduring since the 1998–2000 border war with Ethiopia and the formal restoration of relations between the two countries in July 2018, the Committee urges the Government to take the necessary measures so as to ensure that Eritrean nationals are not denied the right to bargain collectively beyond the scope of the exceptions set out in Articles 5 and 6 of the Convention.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

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

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Legislative issues. The Committee recalls that since its first examination of the application of the Convention in Eritrea in 2002 it had focused on a number of legislative issues and requested the Government to amend the legislation or adopt additional laws and regulations in order to address the following matters:

• – Articles 1 and 2 of the Convention. Protection against anti-union discrimination and acts of interference. The Committee had noted that the 2001 Labour Proclamation does not provide for an adequate protection against anti-union discrimination and acts of interference in terms of period of protection, the persons protected and the sanctions and remedies provided in law, and had requested the Government to amend the Proclamation so as to strengthen the protection against anti-union discrimination and acts of interference.
• – Articles 1, 2 and 4. Domestic workers. The Committee had noted that the Labour Proclamation does not explicitly grant the rights set out in the Convention to domestic workers as section 40 thereof entitles the Minister to determine by regulation the provisions of the Proclamation that apply to these workers. The Committee had expressed the hope that the guarantees enshrined in the Convention will soon be explicitly afforded to domestic workers by way of a regulation.
• – Article 6. Public sector. The Committee had noted that the civil servants in the Central Personnel Administration who are not engaged in the administration of the State are excluded from the scope of the Labour Proclamation and had requested the Government to explicitly recognize their rights to protection against anti-union discrimination and acts of interference, as well as their right to negotiate collectively their conditions of employment in the new Civil Service Proclamation.

The Committee notes that the Government: (i) recognizes that legislative measures should be taken as requested by the Committee in order to ensure adequate protection against anti-union discrimination and acts of interference but that the amendment process has not yet been finalized and the Ministry of Labour and Human Welfare intends to conduct a tripartite workshop aiming at finalizing the drafting process; (ii) with regard to domestic workers, indicates that giving effect to section 40 of the Labour Proclamation requires sufficient time and skill, and the new Civil Code contains certain provisions linked with the rights of domestic workers servants under the Convention, without however providing the text of the relevant provisions of the new Civil Code; and (iii) states that the draft Public Service Code has not been enacted yet either. The Committee notes that the Government replies concerning the legislative issues highlighted in the Committee’s comments reveal institutional shortcomings that have hindered the conclusion of drafting and enactment process of new legislation for many years. The Committee notes in this regard that the United Nations Commission of Inquiry on Human Rights in Eritrea had found that “since there is no legislation that regulates law-making procedures, codes, decrees and domestic legislation is prepared and adopted in the absence of a clear, transparent, consultative and inclusive process. Nobody really knows the procedure leading to the enactment of legislation or the author of a specific decree” (A/HRC/29/CRP.1, 5 June 2015, paragraph 299). The Committee further notes that in her latest report, the Special Rapporteur on the Situation of Human Rights in Eritrea, appointed by the United Nations Human Rights Council, informs the Council that there is still no parliament in Eritrea where laws could be discussed and questions of national importance debated (A/HRC/38/50, 25 June 2018, paragraph 28). The Committee notes that the institutional standstill described in the Special Rapporteur’s report does not favour the imminent adoption of new legislation. The Committee therefore urges the Government to take all the necessary measures so that the processes of drafting and enacting new legislation with a view to ensuring the conformity of Eritrean law with the Convention can be successfully brought to conclusion. The Committee further encourages the Government to seek the technical assistance of the Office with a specific focus on the issues raised in this observation.

Articles 4, 5 and 6. Promotion of collective bargaining. Compulsory national service. The Committee notes that pursuant to articles 19 and 30 of the National Service Proclamation (No. 82/1995), the Eritrean nationals performing work within the framework of national service are subject to martial law and regulations and that article 3 of the Labour Proclamation of Eritrea excludes members of the military, police and security forces from the scope of labour law. The Committee notes that it stems from the conjunction of the different provisions mentioned that the persons performing work within the national service are not covered by the Labour Proclamation provisions related to collective bargaining. The Committee further notes the discussions that took place in the International Labour Conference Committee for the Application of Standards (CAS) concerning the application of Forced Labour Convention, 1930 (No. 29), and the conclusions of the CAS in this regard in June 2015 and 2018 respectively, where reference was made to a systematic and large-scale practice of requiring Eritrean citizens to perform work for an indefinite period of time within the framework of programmes related to the obligation of national service involving numerous civilian activities such as construction and agriculture. The Committee recalls that the only restrictions to the scope of application of the Convention refer to the armed forces and the police as well as to the public servants engaged in the administration of the State (Articles 5 and 6 of the Convention). The Committee further highlights that the exception in Article 5 of the Convention, like the one embodied in Article 9 of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), is justified on the basis of the responsibility of the police and armed forces for the external and internal security of the State. This exception must therefore be restrictively interpreted, applying only to purely military and policing functions. As a result, persons engaged, under martial law, in activities such as agriculture, construction, civil administration and education that do not fall within military or policing activities or the administration of the State should be able to bargain collectively their conditions of employment. In view of the above legal and factual considerations, the Committee notes with concern that large numbers of Eritrean nationals are being denied the right to collective bargaining for indefinite periods of their active life while they are performing civilian activities that fall under the scope of the Convention as part of their obligation of compulsory national service. Noting the end of the “no war no peace situation” enduring since the 1998–2000 border war with Ethiopia and the formal restoration of relations between the two countries in July 2018, the Committee urges the Government to take the necessary measures so as to ensure that Eritrean nationals are not denied the right to bargain collectively beyond the scope of the exceptions set out in Articles 5 and 6 of the Convention.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

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

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Legislative issues. The Committee recalls that since its first examination of the application of the Convention in Eritrea in 2002 it had focused on a number of legislative issues and requested the Government to amend the legislation or adopt additional laws and regulations in order to address the following matters:

• -Articles 1 and 2 of the Convention. Protection against anti-union discrimination and acts of interference. The Committee had noted that the 2001 Labour Proclamation does not provide for an adequate protection against anti-union discrimination and acts of interference in terms of period of protection, the persons protected and the sanctions and remedies provided in law, and had requested the Government to amend the Proclamation so as to strengthen the protection against anti-union discrimination and acts of interference.
• -Articles 1, 2 and 4. Domestic workers. The Committee had noted that the Labour Proclamation does not explicitly grant the rights set out in the Convention to domestic workers as section 40 thereof entitles the Minister to determine by regulation the provisions of the Proclamation that apply to these workers. The Committee had expressed the hope that the guarantees enshrined in the Convention will soon be explicitly afforded to domestic workers by way of a regulation.
• -Article 6. Public sector. The Committee had noted that the civil servants in the Central Personnel Administration who are not engaged in the administration of the State are excluded from the scope of the Labour Proclamation and had requested the Government to explicitly recognize their rights to protection against anti-union discrimination and acts of interference, as well as their right to negotiate collectively their conditions of employment in the new Civil Service Proclamation.

The Committee notes that the Government: (i) recognizes that legislative measures should be taken as requested by the Committee in order to ensure adequate protection against anti-union discrimination and acts of interference but that the amendment process has not yet been finalized and the Ministry of Labour and Human Welfare intends to conduct a tripartite workshop aiming at finalizing the drafting process; (ii) with regard to domestic workers, indicates that giving effect to section 40 of the Labour Proclamation requires sufficient time and skill, and the new Civil Code contains certain provisions linked with the rights of domestic workers servants under the Convention, without however providing the text of the relevant provisions of the new Civil Code; and (iii) states that the draft Public Service Code has not been enacted yet either. The Committee notes that the Government replies concerning the legislative issues highlighted in the Committee’s comments reveal institutional shortcomings that have hindered the conclusion of drafting and enactment process of new legislation for many years. The Committee notes in this regard that the United Nations Commission of Inquiry on Human Rights in Eritrea had found that “since there is no legislation that regulates law-making procedures, codes, decrees and domestic legislation is prepared and adopted in the absence of a clear, transparent, consultative and inclusive process. Nobody really knows the procedure leading to the enactment of legislation or the author of a specific decree” (A/HRC/29/CRP.1, 5 June 2015, paragraph 299). The Committee further notes that in her latest report, the Special Rapporteur on the Situation of Human Rights in Eritrea, appointed by the United Nations Human Rights Council, informs the Council that there is still no parliament in Eritrea where laws could be discussed and questions of national importance debated (A/HRC/38/50, 25 June 2018, paragraph 28). The Committee notes that the institutional standstill described in the Special Rapporteur’s report does not favour the imminent adoption of new legislation. The Committee therefore urges the Government to take all the necessary measures so that the processes of drafting and enacting new legislation with a view to ensuring the conformity of Eritrean law with the Convention can be successfully brought to conclusion. The Committee further encourages the Government to seek the technical assistance of the Office with a specific focus on the issues raised in this observation.

Articles 4, 5 and 6. Promotion of collective bargaining. Compulsory national service. The Committee notes that pursuant to articles 19 and 30 of the National Service Proclamation (No. 82/1995), the Eritrean nationals performing work within the framework of national service are subject to martial law and regulations and that article 3 of the Labour Proclamation of Eritrea excludes members of the military, police and security forces from the scope of labour law. The Committee notes that it stems from the conjunction of the different provisions mentioned that the persons performing work within the national service are not covered by the Labour Proclamation provisions related to collective bargaining. The Committee further notes the discussions that took place in the International Labour Conference Committee for the Application of Standards (CAS) concerning the application of Forced Labour Convention, 1930 (No. 29), and the conclusions of the CAS in this regard in June 2015 and 2018 respectively, where reference was made to a systematic and large-scale practice of requiring Eritrean citizens to perform work for an indefinite period of time within the framework of programmes related to the obligation of national service involving numerous civilian activities such as construction and agriculture. The Committee recalls that the only restrictions to the scope of application of the Convention refer to the armed forces and the police as well as to the public servants engaged in the administration of the State (Articles 5 and 6 of the Convention). The Committee further highlights that the exception in Article 5 of the Convention, like the one embodied in Article 9 of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), is justified on the basis of the responsibility of the police and armed forces for the external and internal security of the State. This exception must therefore be restrictively interpreted, applying only to purely military and policing functions. As a result, persons engaged, under martial law, in activities such as agriculture, construction, civil administration and education that do not fall within military or policing activities or the administration of the State should be able to bargain collectively their conditions of employment. In view of the above legal and factual considerations, the Committee notes with concern that large numbers of Eritrean nationals are being denied the right to collective bargaining for indefinite periods of their active life while they are performing civilian activities that fall under the scope of the Convention as part of their obligation of compulsory national service. Noting the end of the “no war no peace situation” enduring since the 1998–2000 border war with Ethiopia and the formal restoration of relations between the two countries in July 2018, the Committee urges the Government to take the necessary measures so as to ensure that Eritrean nationals are not denied the right to bargain collectively beyond the scope of the exceptions set out in Articles 5 and 6 of the Convention.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments made in 2014. 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

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. The Committee had hoped that the Government would take the necessary measures without delay to amend the 2001 Labour Proclamation to strengthen the protection against anti-union discrimination. In its last report, the Government again indicates that the Ministry of Labour and Human Welfare has currently engaged in a drafting process to amend section 23 of the Labour Proclamation with a view to broadening the protection by covering all acts of anti-union discrimination and by protecting workers against dismissal linked to trade union membership or activity, the best solution being considered to be reinstatement. The Committee requests the Government to expedite the process in order to guarantee in the very near future the protection against anti-union discrimination of both trade union officials and members (it being understood that reinstatement remains the best redress) through adequate compensation both in financial and occupational terms and its extension to recruitment and any other prejudicial acts during the course of employment including dismissal, transfer, relocation or demotion.

Applicable sanctions in cases of anti-union discrimination or acts of interference. The Committee had previously recalled that the fine of 1,200 Eritrean nakfa (ERN) (approximately US$80), established in section 156 of the Labour Proclamation as a penalty for anti-union discrimination or acts of interference, is not severe enough and requested the Government to provide information on any progress made in amending that provision. The Government reiterates that sections 703 and 721 of the Transitional Penal Code would prevail in the event of repeated violations of the right to organize established in the national legislation, though to date no sentences have been handed down for such violations, and that it is currently involved in the drafting process to amend section 156 of the Labour Proclamation. The Committee requests the Government to take necessary measures without delay to provide for sufficiently dissuasive sanctions for anti-union dismissals and other acts of anti-union discrimination as well as acts of interference.

Articles 1, 2, 4 and 6. Domestic workers. In its previous comments, the Committee had hoped that the new regulation on domestic work would explicitly grant the rights set out in the Convention to domestic workers. The Government again states that domestic workers are not expressly exempted from the definition of “employee” in section 3 of the Labour Proclamation and thus are not prohibited from the right to organize and to collective bargaining; but that the Government will take measures to include the rights guaranteed in the Convention in the forthcoming regulation applicable to domestic employees. Recalling that under section 40 of the Labour Proclamation the Minister may by regulation determine the provisions of the Proclamation applicable to domestic employees, the Committee expresses the firm hope that the guarantees enshrined in the Convention will soon be explicitly afforded to domestic workers either by way of a regulation issued under section 40 or by way of the new regulation on domestic employees announced by the Government.

Article 6. Public sector. The Committee had hoped that the new Civil Service Proclamation would explicitly recognize the rights laid down in the Convention for civil servants in the Central Personnel Administration (CPA) who are not engaged in the administration of the State. The Government again indicates that public servants are split into two categories, those who work in the CPA and those who work in public or semi-public enterprises; that the latter are covered by the Labour Proclamation and have therefore, like other workers, the rights to organize and to bargain collectively. The Government also states that, as regards CPA workers, the draft Civil Service Proclamation has not yet been enacted, and that up to now no collective bargaining has been undertaken between the Government and civil servants. The Committee requests the Government to provide specific information on the status of the draft Civil Service Proclamation and to transmit a copy of the draft. It expresses the firm hope that more than 10 years after ratification of the Convention the Government will soon be in a position to report the adoption of the above Proclamation thus ensuring that civil servants not engaged in the administration of the State benefit from the rights enshrined in the Convention, particularly the right to collective bargaining.

Articles 4 and 6. Collective bargaining in practice. The Committee notes the Government’s comments in reply to the 2012 observations of the International Trade Union Confederation (ITUC). It once again requests the Government to indicate any measures taken or contemplated to promote the development of collective bargaining in the private and public sectors.

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

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. The Committee had hoped that the Government would take the necessary measures without delay to amend the 2001 Labour Proclamation to strengthen the protection against anti-union discrimination. In its last report, the Government again indicates that the Ministry of Labour and Human Welfare has currently engaged in a drafting process to amend section 23 of the Labour Proclamation with a view to broadening the protection by covering all acts of anti-union discrimination and by protecting workers against dismissal linked to trade union membership or activity, the best solution being considered to be reinstatement. The Committee requests the Government to expedite the process in order to guarantee in the very near future the protection against anti-union discrimination of both trade union officials and members (it being understood that reinstatement remains the best redress) through adequate compensation both in financial and occupational terms and its extension to recruitment and any other prejudicial acts during the course of employment including dismissal, transfer, relocation or demotion.

Applicable sanctions in cases of anti-union discrimination or acts of interference. The Committee had previously recalled that the fine of 1,200 Eritrean nakfa (ERN) (approximately US$80), established in section 156 of the Labour Proclamation as a penalty for anti-union discrimination or acts of interference, is not severe enough and requested the Government to provide information on any progress made in amending that provision. The Government reiterates that sections 703 and 721 of the Transitional Penal Code would prevail in the event of repeated violations of the right to organize established in the national legislation, though to date no sentences have been handed down for such violations, and that it is currently involved in the drafting process to amend section 156 of the Labour Proclamation. The Committee requests the Government to take necessary measures without delay to provide for sufficiently dissuasive sanctions for anti-union dismissals and other acts of anti-union discrimination as well as acts of interference.

Articles 1, 2, 4 and 6. Domestic workers. In its previous comments, the Committee had hoped that the new regulation on domestic work would explicitly grant the rights set out in the Convention to domestic workers. The Government again states that domestic workers are not expressly exempted from the definition of “employee” in section 3 of the Labour Proclamation and thus are not prohibited from the right to organize and to collective bargaining; but that the Government will take measures to include the rights guaranteed in the Convention in the forthcoming regulation applicable to domestic employees. Recalling that under section 40 of the Labour Proclamation the Minister may by regulation determine the provisions of the Proclamation applicable to domestic employees, the Committee expresses the firm hope that the guarantees enshrined in the Convention will soon be explicitly afforded to domestic workers either by way of a regulation issued under section 40 or by way of the new regulation on domestic employees announced by the Government.

Article 6. Public sector. The Committee had hoped that the new Civil Service Proclamation would explicitly recognize the rights laid down in the Convention for civil servants in the Central Personnel Administration (CPA) who are not engaged in the administration of the State. The Government again indicates that public servants are split into two categories, those who work in the CPA and those who work in public or semi-public enterprises; that the latter are covered by the Labour Proclamation and have therefore, like other workers, the rights to organize and to bargain collectively. The Government also states that, as regards CPA workers, the draft Civil Service Proclamation has not yet been enacted, and that up to now no collective bargaining has been undertaken between the Government and civil servants. The Committee requests the Government to provide specific information on the status of the draft Civil Service Proclamation and to transmit a copy of the draft. It expresses the firm hope that more than 10 years after ratification of the Convention the Government will soon be in a position to report the adoption of the above Proclamation thus ensuring that civil servants not engaged in the administration of the State benefit from the rights enshrined in the Convention, particularly the right to collective bargaining.

Articles 4 and 6. Collective bargaining in practice. The Committee notes the Government’s comments in reply to the 2012 observations of the International Trade Union Confederation (ITUC). It once again requests the Government to indicate any measures taken or contemplated to promote the development of collective bargaining in the private and public sectors.

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

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. The Committee had hoped that the Government would take the necessary measures without delay to amend the 2001 Labour Proclamation to strengthen the protection against anti-union discrimination. In its last report, the Government again indicates that the Ministry of Labour and Human Welfare has currently engaged in a drafting process to amend section 23 of the Labour Proclamation with a view to broadening the protection by covering all acts of anti-union discrimination and by protecting workers against dismissal linked to trade union membership or activity, the best solution being considered to be reinstatement. The Committee requests the Government to expedite the process in order to guarantee in the very near future the protection against anti-union discrimination of both trade union officials and members (it being understood that reinstatement remains the best redress) through adequate compensation both in financial and occupational terms and its extension to recruitment and any other prejudicial acts during the course of employment including dismissal, transfer, relocation or demotion.

Applicable sanctions in cases of anti-union discrimination or acts of interference. The Committee had previously recalled that the fine of 1,200 Eritrean nakfa (ERN) (approximately US$80), established in section 156 of the Labour Proclamation as a penalty for anti-union discrimination or acts of interference, is not severe enough and requested the Government to provide information on any progress made in amending that provision. The Government reiterates that sections 703 and 721 of the Transitional Penal Code would prevail in the event of repeated violations of the right to organize established in the national legislation, though to date no sentences have been handed down for such violations, and that it is currently involved in the drafting process to amend section 156 of the Labour Proclamation. The Committee requests the Government to take necessary measures without delay to provide for sufficiently dissuasive sanctions for anti-union dismissals and other acts of anti-union discrimination as well as acts of interference.

Articles 1, 2, 4 and 6. Domestic workers. In its previous comments, the Committee had hoped that the new regulation on domestic work would explicitly grant the rights set out in the Convention to domestic workers. The Government again states that domestic workers are not expressly exempted from the definition of “employee” in section 3 of the Labour Proclamation and thus are not prohibited from the right to organize and to collective bargaining; but that the Government will take measures to include the rights guaranteed in the Convention in the forthcoming regulation applicable to domestic employees. Recalling that under section 40 of the Labour Proclamation the Minister may by regulation determine the provisions of the Proclamation applicable to domestic employees, the Committee expresses the firm hope that the guarantees enshrined in the Convention will soon be explicitly afforded to domestic workers either by way of a regulation issued under section 40 or by way of the new regulation on domestic employees announced by the Government.

Article 6. Public sector. The Committee had hoped that the new Civil Service Proclamation would explicitly recognize the rights laid down in the Convention for civil servants in the Central Personnel Administration (CPA) who are not engaged in the administration of the State. The Government again indicates that public servants are split into two categories, those who work in the CPA and those who work in public or semi-public enterprises; that the latter are covered by the Labour Proclamation and have therefore, like other workers, the rights to organize and to bargain collectively. The Government also states that, as regards CPA workers, the draft Civil Service Proclamation has not yet been enacted, and that up to now no collective bargaining has been undertaken between the Government and civil servants. The Committee requests the Government to provide specific information on the status of the draft Civil Service Proclamation and to transmit a copy of the draft. It expresses the firm hope that more than 10 years after ratification of the Convention the Government will soon be in a position to report the adoption of the above Proclamation thus ensuring that civil servants not engaged in the administration of the State benefit from the rights enshrined in the Convention, particularly the right to collective bargaining.

Articles 4 and 6. Collective bargaining in practice. The Committee notes the Government’s comments in reply to the 2012 observations of the International Trade Union Confederation (ITUC). It once again requests the Government to indicate any measures taken or contemplated to promote the development of collective bargaining in the private and public sectors.

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

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

Application of the Convention in practice. The Committee notes the observations of 31 July 2012 from the International Trade Union Confederation’s (ITUC) reporting that in practice there is no collective bargaining in Eritrea. The Committee requests the Government to provide its comments in response to the ITUC’s allegations. More generally, the Committee requests the Government to indicate in its next report any measures taken to promote the development of collective bargaining in the private and public sectors and to indicate collective agreements signed, the sectors concerned and the number of workers covered.

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

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) on 4 August 2011 on the application of the Convention as well as the Government’s reply.

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

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. In its previous comments, the Committee had taken note that section 28(3) of the Labour Proclamation provides for the reinstatement of trade union leaders in cases of unjustified dismissal, but did not contemplate neither the protection against other prejudicial acts nor the protection of anti-union discrimination acts against workers affiliated to a trade union. It has requested the Government to broaden the protection against anti-union discrimination to cover recruitment and all prejudicial acts during the course of employment, including dismissal, transfer, relocation, demotion, deprivation and restrictions of all kinds and requested the Government to provide information on the measures taken or envisaged in this regard. The Committee had noted that the Government indicated that it had envisaged broadening the protection to protect workers against anti-union discrimination. Therefore, the Committee reiterates its previous conclusion and hopes that the Labour Proclamation will be amended accordingly in the near future.

Sanctions applicable in cases of anti-union discrimination or acts of interference. In its previous comments, the Committee had recalled that a fine of 1,200 Eritrean nakfa (ERN), set out in section 156 of the Labour Proclamation, to punish those guilty of anti-union discrimination or acts of interference, did not constitute an adequate protection and had noted the Government’s indication that section 692 of the Transitional Penal Code became applicable in cases where an offence was considered severe or repeated. The Committee had requested the Government to indicate the sanctions applicable and to provide copies of penal sentences regarding cases of anti-union discrimination and interference. The Government indicated that the labour courts had not come across sentences regarding cases of anti-union discrimination and interference. The Government also pointed out that section 691 sanctions “petty offenses” when, by an act or omission, a person infringes the mandatory or prohibitive provisions of a regulation, order or decree lawfully issued by a competent authority. The Committee had noted, however, that this penal provision does not cover specifically the cases of anti-union discrimination acts and interference. Therefore, the Committee requests the Government to take the measures to amend section 156 of the Labour Proclamation in order to provide higher and more dissuasive sanctions to sanction those guilty of anti-union discrimination or acts of interference and requests the Government to indicate the measures taken or envisaged in this respect. The Committee also requests the Government to communicate copies of any penal sentences regarding anti-union discrimination or acts of interference as soon as rendered in the future.

Articles 1, 2, 4 and 6. Domestic workers. Previously, the Committee had expressed the strong hope that the Ministry of Labour and Human Welfare would issue a regulation in the near future that ensured that domestic employees were entitled to exercise their trade union rights, guaranteed under Conventions Nos 87 and 98. The Committee had noted the Government’s statement that domestic employees like all other categories of workers, are entitled to the right to organize and collective bargaining since the promulgation of the Labour Proclamation and that one association of domestic workers has been established. The Committee further noted that according to the Government, the Ministry of Labour and Human Welfare, under its power provided in section 40 of the Labour Proclamation, would not refrain from including the rights mentioned in the Convention in the upcoming regulation applicable to domestic employees. In this regard, the Committee once again expresses the firm hope that this regulation will be issued in the near future and will explicitly recognize to domestic workers the rights enshrined in the Convention.

Article 6. Right to collective bargaining in the public sector. The Committee had previously requested the Government to provide specific information concerning the status of the draft Civil Service Proclamation. The Committee had noted that according to the Government, the Civil Service Administration had been working on the draft Civil Service Proclamation through a process of participation and interaction and that relevant and salient comments of the participants were being integrated in the final draft. The Committee had noted that the Government once again reiterated that the drafting of the legal text concerning public servants, which would guarantee the right to organize to civil servants, reached its final stage and would be communicated to the ILO once adopted. In this regard, the Committee once again expresses the hope that the Government will take the necessary measures, in consultation with the social partners, to improve its legislation on public servants in respect of the rights enshrined in the Convention including the right to collective bargaining for public servants not engaged in the administration of the State and requests it to transmit copies of the relevant legislative acts upon their adoption.

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

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

Articles 1 and 2 of the Convention. Protection against anti-union discrimination and interference. In its previous comments, the Committee had taken note that section 28(3) of the Labour Proclamation provides for the reinstatement of trade union leaders in cases of unjustified dismissal, but did not contemplate neither the protection against other prejudicial acts nor the protection of anti-union discrimination acts against workers affiliated to a trade union. It has requested the Government to broaden the protection against anti-union discrimination to cover recruitment and all prejudicial acts during the course of employment, including dismissal, transfer, relocation, demotion, deprivation and restrictions of all kinds and requested the Government to provide information on the measures taken or envisaged in this regard. The Committee notes that the Government indicates that it has envisaged broadening the protection to protect workers against anti-union discrimination. Therefore, the Committee reiterates its previous conclusion and hopes that the Labour Proclamation will be amended accordingly in the near future.

Sanctions applicable in cases of anti-union discrimination or acts of interference. In its previous comments, the Committee had recalled that a fine of 1,200 nafka (ERN), set out in section 156 of the Labour Proclamation, to punish those guilty of anti-union discrimination or acts of interference, did not constitute an adequate protection and had noted the Government’s indication that section 692 of the Transitional Penal Code became applicable in cases where an offence was considered severe or repeated. The Committee had requested the Government to indicate the sanctions applicable and to provide copies of penal sentences regarding cases of anti-union discrimination and interference. The Government indicates that the labour courts had not come across sentences regarding cases of anti-union discrimination and interference. The Government also points out that section 691 sanctions “petty offenses” when, by an act or omission, a person infringes the mandatory or prohibitive provisions of a regulation, order or decree lawfully issued by a competent authority. The Committee notes however that this penal provision does not cover specifically the cases of anti-union discrimination acts and interference. Therefore, the Committee requests the Government to take the measures to amend section 156 of the Labour Proclamation in order to provide higher and more dissuasive sanctions to sanction those guilty of anti-union discrimination or acts of interference and requests the Government to indicate the measure taken or envisaged in this respect. The Committee also requests the Government to communicate copies of any penal sentences regarding anti-union discrimination or acts of interference as soon as rendered in the future.

Articles 1, 2, 4 and 6. Domestic workers. Previously, the Committee had expressed the strong hope that the Ministry would issue a regulation in the near future that ensured that domestic employees were entitled to exercise their trade union rights, guaranteed under Conventions Nos 87 and 98. The Committee had noted the Government’s statement that domestic employees like all other categories of workers, are entitled to the right to organize and collective bargaining since the promulgation of the Labour Proclamation and that one association of domestic workers has been established. The Committee notes that according to the Government, the Ministry of Labour and Human Welfare, under its power provided in section 40 of the Labour Proclamation, will not refrain from including the rights mentioned in the Convention in the upcoming regulation applicable to domestic employees. In this regard, the Committee once again expresses the firm hope that this regulation will be issued in the near future and will explicitly recognize to domestic workers the rights enshrined in the Convention.

Article 6. Right to collective bargaining in the public sector. The Committee had previously requested the Government to provide specific information concerning the status of the draft Civil Service Proclamation. The Committee notes that according to the Government, the Civil Service Administration has been working on the draft Civil Service Proclamation through a process of participation and interaction and that relevant and salient comments of the participants were integrated in the final draft. The Committee notes that the Government once again reiterates that the drafting of the legal text concerning public servants, which would guarantee the right to organize to civil servants, reached its final stage and would be communicated to the ILO once adopted. In this regard, the Committee once again expresses the hope that the Government will take the necessary measures, in consultation with the social partners, to improve its legislation on public servants in respect of the rights enshrined in the Convention including the right to collective bargaining for public servants not engaged in the administration of the State and requests it to transmit copies of the relevant legislative acts upon their adoption.

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

The Committee notes the Government’s reply to its previous direct request.

The Committee notes the comments of the International Trade Union Confederation (ITUC) of 26 August 2009, which refer to matters previously raised by the Committee.

Articles 1 and 2 of the Convention. In its previous comments, the Committee had noted that section 28(3) provides for reinstatement of trade union leaders in case of an unjustifiable dismissal and had requested the Government to take the necessary steps to amend section 23 of the Labour Proclamation, which protects workers against dismissal linked to trade union membership or trade union activities, so as to broaden the protection to cover acts of anti-union discrimination committed at the time of recruitment or during the course of employment (transfers, relocations, demotions, etc.).

In this connection, the Committee, while noting the Government’s statement that article 120(7) of the Labour Proclamation, which covers labour disputes, also includes complaints directed against steps taken by the employer on promotion, job transfer and training of employees, observes that article 120(7) merely sets out the types of collective labour disputes which may be subject to conciliation or arbitration. The Committee must therefore recall that the Convention requires protection against discrimination against workers for anti-union reasons to cover recruitment and all prejudicial acts during the course of employment, including dismissal, transfer, relocation, demotion, deprivation and restrictions of all kinds (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 212). Noting the Government’s indication that the Ministry would consider broadening the protection against anti-union discrimination to cover recruitment and all prejudicial acts during the course of employment, including dismissal, transfer, relocation, demotion, deprivation and restrictions of all kinds, the Committee once again expresses the hope that section 23 of the Labour Proclamation will be amended accordingly in the near future. The Committee requests the Government to provide information on the measures taken or envisaged in this regard.

The Committee recalls that it had previously considered that a fine of 1,200 nafka, set out in section 156 of the Labour Proclamation, to punish those guilty of anti-union discrimination or acts of interference, did not constitute an adequate protection and had noted the Government’s indication that section 692 of the Transitional Penal Code became applicable in cases where an offence was considered severe or repeated.

In this respect, the Committee had requested the Government to provide information concerning the cases, means and method by which an offence of anti-union discrimination or interference by employers in workers’ organizations was deemed to become so severe as to attract higher penalties than those provided for in section 156 of the Labour Proclamation. The Committee notes the Government’s indication that any breach of the law – even a petty one – is also punishable under the Transitional Penal Code. The Committee requests the Government to indicate the sanctions applicable and provide copies of penal sentences regarding cases of anti-union discrimination and interference.

The Committee recalls that the existence of general legislative provisions prohibiting acts of anti-union discrimination and acts of interference is not enough, if they are not accompanied by effective and rapid procedures to ensure their application in practice (see General survey, op. cit., paragraph 214). The Committee expresses the hope that the legislative amendments mentioned by the Government concerning anti-union discrimination will take into account the Committee’s observations and requests the Government to indicate the measures taken or envisaged in this respect.

The Committee had further requested the Government to indicate whether, by referring solely to breaches by employers’ associations, section 156 of the Proclamation only provided for sanctions against employers’ organizations and not against individual employers who may or may not be members of organizations. The Committee notes the Government’s statement that section 156 in the national language indeed applies to individual employers.

Articles 1, 2, 4 and 6. Previously, the Committee had expressed the strong hope that the Ministry would issue a regulation in the near future that ensured that domestic employees were entitled to exercise their trade union rights, guaranteed under Conventions Nos 87 and 98. The Committee notes the Government’s statement that domestic employees, like all other categories of workers, are entitled to the right to organize and collective bargaining, since the promulgation of the Labour Proclamation No. 118/2001. It also notes that the Government’s statement that a trade union organization of domestic workers, the Dembe Sembel Houses Association, has been constituted and is affiliated with the National Confederation of Eritrean Workers.

The Committee had previously requested the Government to provide specific information concerning the status of the draft Civil Service Proclamation. The Committee regrets that the Government reiterates that the drafting of the legal text concerning public servants, which would guarantee the right to organize to civil servants, reached its final stage and would be communicated to the ILO once adopted. In this regard, the Committee once again expresses the hope that the Government will take the necessary measures, in consultation with the social partners, to improve its legislation on public servants in respect of the rights enshrined in the Convention and requests it to transmit copies of the relevant legislative acts upon their adoption.

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

The Committee notes the Government’s reply to its previous direct request.

The Committee notes the comments of the International Trade Union Confederation (ITUC) of 28 August 2007, which refer to the legislative issues under examination by the Committee, in particular, restrictions to trade union rights in the public sector.

Articles 1 and 2 of the Convention. 1. In its previous comments, the Committee had requested the Government to take the necessary steps to amend section 23 of the Labour Proclamation, which protects workers against dismissal linked to  trade union membership or trade union activities, so as to broaden the protection to cover acts of anti-union discrimination committed at the time of recruitment or during the course of employment (transfers, relocations, demotions, etc.). The Committee notes the Government’s indication that in line with the provisions of the Convention, trade union leaders are well protected in Eritrea. Section 28(3) of the Labour Proclamation provides for reinstatement in case of an unjustifiable dismissal. The Government states, however, that the possibility to broaden the application of section 23 of the Labour Proclamation, so as to bring it in conformity with Articles 1 and 2 of the Convention, was being considered by the Minister of Labour and Human Welfare. The Committee recalls that the Convention requires protection against anti-union discrimination to cover recruitment and all prejudicial acts during the course of employment, including dismissal, transfer, relocation, demotion, deprivation and restrictions of all kinds (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 212). The Committee hopes that section 23 of the Labour Proclamation will be amended accordingly in the near future. The Committee requests the Government to keep it informed of the measures taken or envisaged in this regard.

2. The Committee recalls that it had previously considered that a fine of 1,200 nafka, set out in section 156 of the Labour Proclamation, to punish those guilty of anti-union discrimination or acts of interference, did not constitute an adequate protection and had noted the Government’s indication that section 692 of the Transitional Penal Code became applicable in cases where an offence was considered severe or repeated. In this respect, the Committee had requested the Government to provide information concerning the cases, means and method by which an offence of anti-union discrimination or interference by employers’ and workers’ organizations in each other’s internal affairs was deemed to become severe so as to attract higher penalties than those provided for in section 156 of the Labour Proclamation. The Committee had further requested the Government to indicate whether, by referring solely to breaches by employers’ associations, section 156 of the Proclamation only provided for sanctions against employers’ organizations and not against individual employers who may or may not be members of organizations. The Committee regrets that the Government confines itself to stating that the Ministry of Labour and Human Welfare is studying the possibility of bringing the legislation into conformity with Articles 1 and 2 of the Convention. The Committee recalls once again that the existence of general legislative provisions prohibiting acts of anti-union discrimination is not enough, if they are not accompanied by effective and rapid procedures to ensure their application in practice (see General Survey, op. cit., paragraph 214). The Committee hopes that the legislative amendments will take into account the Committee’s observations and requests the Government to keep it informed of the measures taken or envisaged in this respect.

Articles 1, 2, 4 and 6. 1. In its previous comments, the Committee had expressed the strong hope that the Ministry would issue a regulation in the near future that ensured that domestic employees were entitled to exercise their trade union rights, guaranteed under Conventions Nos 87 and 98. The Committee notes the Government’s indication that drafting of a regulation, which would adequately deal with different working conditions of domestic employees, needs sufficient time and effort; while this question is under consideration by the Ministry of Labour and Human Welfare, it will take time before a comprehensive regulation with regard to domestic employees is developed. The Committee requests the Government to keep it informed of any development in this regard. 

2. The Committee had further requested the Government to provide specific information concerning the status of the draft Civil Service Proclamation. The Committee notes the Government’s indication that the drafting of the Civil Servants’ Code (which would guarantee the right to organize to civil servants) reached its final stage and will be communicated to the ILO once adopted. The Committee hopes that the Government will take the necessary measures, in consultation with the social partners, in order to improve its legislation in respect of the matters raised above and will transmit copies of the relevant legislative acts upon their adoption. 

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

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006, which refer, in part, to outstanding legislative issues, and issues relating to the application of the Convention in practice that are now being examined. In this regard, the Committee asks the Government to send its observations concerning the ICFTU’s comments.

Moreover, the Committee requests the Government to communicate, in accordance with the regular reporting cycle and in time for the Committee’s next session in November-December 2007, its observations on all the legislative issues and issues relating to the application of the Convention in practice mentioned in its previous observation in 2005 (see 2005 observation, 76th Session).

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

The Committee notes that, according to the Government’s report, consultation is under way with the stakeholders regarding the questions raised in relation with the Convention.

Articles 1 and 2 of the Convention. 1. In its previous comments, the Committee had requested the Government to take the necessary steps to amend section 23 of the Labour Proclamation, which protects workers against dismissal linked with trade union membership or trade union activities, so as to broaden the protection, and guarantee workers’ protection against acts of anti-union discrimination at the time of recruitment and in relation to other acts of anti-union discrimination during the course of employment (transfers, relocations, demotions, etc.). The Committee once again requests the Government to take the necessary steps to amend the legislation and to keep it informed in this regard.

2. The Committee had further requested the Government to take the necessary measures to provide for stronger sanctions in the case of anti-union discrimination or acts of interference, as it considered a fine of 1,200 nafka, set out in section 156(3) of the Labour Proclamation, which refers to section 118, did not afford adequate protection. The Committee had noted the Government’s previous information that section 156 of the Labour Proclamation involves only petty offences and when the offence becomes severe, the penalty will be increased. The Government had pointed out that whenever the offence becomes severe or repeated, the provisions of the Transitional Penal Code become applicable, as section 691 of the Penal Code states that a person commits a petty offence when he infringes the mandatory or prohibitory provisions of a regulation, order or decree lawfully issued by a competent authority and such infringement is subject to one of the penalties.

Recalling that the existence of general legislative provisions prohibiting acts of anti-union discrimination is not enough, if they are not accompanied by effective and rapid procedures to ensure their application in practice (see General Survey, op. cit., paragraph 214), the Committee requests the Government to provide further information concerning the cases, means and method by which an offence is deemed to become severe, and so attracts higher penalties. The Committee further requests the Government to indicate in its next report whether by referring solely to breaches by employers’ associations, section 156 of the Proclamation only provides for sanctions against employers’ organizations and not against individual employers who may or may not be members of organizations.

Articles 1, 2, 4 and 6. 1. In its previous comments, the Committee had requested the Government to indicate whether domestic employees enjoy trade union rights, given that section 40 of the Labour Proclamation entitled the Minister to determine which provisions of the Proclamation would apply to those workers. The Committee had noted in a previous report the Government’s clarification that the Ministry of Labour and Human Welfare does not have any intention of excluding domestic employees from their rights to organize and collectively bargain and that the Ministry will not refrain from including the rights mentioned in the Convention in the upcoming regulation. The Committee expresses the strong hope that the Ministry will issue a regulation in the nearest future that ensures that domestic employees are entitled to exercise their trade union rights guaranteed under Conventions Nos. 87 and 98, and requests to be provided with a copy of the regulation upon its issuance.

2. The Committee had further requested the Government to ensure that public servants not engaged in the administration of the State benefit from the guarantees of the Convention, in particular through legal provisions, such as the draft Civil Service Code, and had requested the Government to provide a copy of the draft Code, to inform it on its status, and to transmit a copy of it once it was adopted. The Committee had noted the information provided by the Government that the draft Civil Service Proclamation granted civil servants the right to organize and that the Civil Service Administration had been working on the draft Civil Service Proclamation through a process of participation and interaction, and relevant and salient comments of the participants were integrated in the final draft. The Committee regrets to note that the Government has neither provided it with a copy of the final draft of the Proclamation, nor has it indicated its progress in the legislative system, and accordingly repeats its previous request to the Government to ensure that public servants not engaged in the administration of the State benefit from the guarantees of the Convention, and to keep it informed in this regard. In particular, the Committee requests the Government to provide specific information concerning the status of the draft Civil Service Proclamation and to transmit a copy of the draft, as well as any enacted Proclamation.

The Committee hopes that the consultations referred to by the Government will open the way to a better application of the Convention on all the matters raised in the direct request.

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

The Committee notes the information contained in the Government’s report.

Articles 1 and 2 of the Convention. 1. In its previous comments, the Committee had requested the Government to take the necessary steps to amend section 23 of the Labour Proclamation, which protects against dismissal linked with trade union membership or trade union activities, so as to broaden the protection and guarantee workers’ protection against acts of anti-union discrimination at the time of recruitment and in relation to other acts of anti-union discrimination. The Committee notes that the Government states in its report that section 120(7) of the Proclamation provides that a collective labour dispute may include complaints directed against steps taken by the employer on promotion, job transfer and training of employees and that this provision suffices to tackle the issue.

The Committee recalls that the Eritrean Labour Proclamation prohibits anti-union discrimination in section 23, which provides that an employee’s membership of a trade union may not constitute a legitimate ground for the termination of a contract of employment, and in section 118, which prohibits employers discriminating between employees as to conditions of work on the grounds of membership or involvement in an association of employees. Recalling that the Convention requires protection against anti-union discrimination to cover recruitment and all prejudicial acts during the course of employment, including dismissal, transfer, relocation, demotion, deprivation and restrictions of all kinds (see General Survey on freedom of association and collective bargaining, 1994, paragraph 212), the Committee once again requests the Government to take the necessary steps to ensure that workers are protected against anti-union discrimination in relation to both recruitment and during the course of employment, in addition to the current protection against dismissal for anti-union discrimination. The Committee requests to be kept informed in this regard.

2. The Committee had further requested the Government to take the necessary measures to provide for stronger sanctions in the case of anti-union discrimination or acts of interference, as it considered a fine of 1,200 nafka set out in section 156(3) of the Labour Proclamation, which refers to section 118, did not afford adequate protection. The Committee notes the Government’s information that section 156 of the Labour Proclamation involves only petty offences and when the offence becomes severe, the penalty will be increased. The Government points to section 154, which states that the penalties in the Labour Proclamation only apply unless the provisions of the Penal Code provide for more severe penalties, and concludes that whenever the offence becomes severe or repeated, the provisions of the Transitional Penal Code become applicable. The Government further refers to section 691 of the Penal Code which states that a person commits a petty offence when he infringes the mandatory or prohibitory provisions of a regulation, order or decree lawfully issued by a competent authority and such infringement is subject to one of the penalties.

Recalling that the existence of general legislative provisions prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective and rapid procedures to ensure their application in practice (see General Survey, op. cit., paragraph 214), the Committee requests the Government to provide further information concerning the means and method by which an offence is deemed to become severe, and so attracts higher penalties, and to consider amending the legislation to provide that any acts of anti-union discrimination are prima facie deemed to be severe. The Committee further requests the Government to indicate in its next report whether by referring solely to breaches by employers’ associations, section 156 of the Proclamation only provides for sanctions against employers’ organizations and not against individual employers who may or may not be members of organizations.

Articles 1, 2, 4 and 6. 1. In its previous comments, the Committee had requested the Government to indicate whether domestic employees enjoy trade union rights, given that section 40 of the Labour Proclamation entitled the Minister to determine which provisions of the Proclamation would apply to those workers. The Committee is pleased to note the Government’s clarification that the Ministry of Labour and Human Welfare does not have any intention of excluding domestic employees from their rights to organize and collectively bargain and that the Ministry will not refrain from including the rights mentioned in the Convention in the upcoming regulation. The Committee expresses the strong hope that the Ministry will issue a regulation in the nearest future that ensures that domestic employees are entitled to exercise their trade union rights guaranteed under Conventions Nos. 87 and 98, and requests to be provided with a copy of the regulation upon its issuance.

2. The Committee had further requested the Government to ensure that public servants not engaged in the administration of the State benefit from the guarantees of the Convention in particular through legal provisions such as the draft Civil Service Code, and had requested the Government to provide a copy of the draft Code, to inform it on its status, and to transmit a copy of it once it was adopted. The Committee notes the information provided by the Government that the draft Civil Service Proclamation granted civil servants the right to organize and that the Civil Service Administration had been working on the draft Civil Service Proclamation through a process of participation and interaction, and relevant and salient comments of the participants were integrated in the final draft. The Committee regrets to note that the Government has neither provided it with a copy of the final draft of the Proclamation, nor has it indicated its progress in the legislative system, and accordingly repeats its previous request to the Government to ensure that public servants not engaged in the administration of the State benefit from the guarantees of the Convention and to keep it informed in this regard. In particular, the Committee requests the Government to provide specific information concerning the status of the draft Civil Service Proclamation and to transmit a copy of the draft, as well as any enacted Proclamation.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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

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

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

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

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

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

The Committee notes the information provided in the Government's first report.

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

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

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

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

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