Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Articles 1, 2, 4 and 6 of the Convention. Legislative issues. The Committee recalls that, since its first examination of the application of the Convention by Eritrea in 2002, it has been requesting the Government to take the necessary measures to amend the legislation or adopt additional laws and regulations in order to: (i) recognize and guarantee the rights enshrined in the Convention to domestic workers and civil servants; and (ii) provide adequate protection against anti-union discrimination and acts of interference. In particular, it repeatedly requested the Government to:

• adopt regulations providing for the right of domestic workers to organize and bargain collectively, as the current legal framework, namely the 2001 Labour Proclamation and the 2015 Civil Code, do not explicitly grant them the protection provided for under this Convention, and section 40 of the Labour Proclamation indicates that a Labour Regulation will determine the scope of application of the Labour Proclamation as regards domestic workers;
• adopt legislation providing for the right of civil servants not engaged in the administration of the State to organize and bargain collectively (pursuant to section 3 of the 2001 Labour Proclamation, members of the civil service –except for civil servants in state-owned enterprises- are excluded from its scope, and pursuant to section 2176 of the 2015 Civil Code, they are excluded from the right to conclude collective agreements under the terms as provided for in section 2182 of the Civil Code, read in conjunction with sections 99–114 of the 2001 Labour Proclamation);
• extend the existing protection in the 2001 Labour Proclamation against anti-union discrimination and acts of interference to:
• explicitly cover acts of anti-union discrimination at the time of recruitment and all prejudicial acts during the course of employment (section 23 of the Labour Proclamation prohibits anti-union discrimination in general terms without referring to specific acts);
• provide for effective remedies and dissuasive sanctions against acts of anti-union discrimination and interference for all workers (section 28(3) of the Labour Proclamation provides for reinstatement in case of unjustified dismissal in relation to trade union leaders only and section 156(3) of the Labour Proclamation provides only for fines up until an amount not exceeding 1,200 Eritrean nakfa (approximately US$80) for the acts listed in section 118 of the Labour Proclamation, including acts of interference.

The Committee notes that the Government reiterates its previous observations and its reference to existing legal provisions which the Committee had noted but had not considered sufficient in relation to the guarantees foreseen in the Convention. It notes with regret that the Government does not provide any new information as regards any legislative measures in relation to the Civil Code, the Civil Service Code (according to the Government’s previous indications in progress since 2002), the Labour Proclamation (as per the previous indications of the Government in progress since 2010) or the adoption of the Ministerial Regulation concerning domestic workers (as per the previous indications of the Government in progress since 2003). Recalling that it has been raising these issues for more than two decades, the Committee urges the Government to take all the necessary measures to draft and adopt legislationthat takes into account the comments that the Committee has been making for years, with a view to giving effect to the principles of the Convention. The Committee encourages the Government to seek the technical assistance of the Office to make progress in this respect.

Articles 4, 5 and 6. Promotion of collective bargaining. Compulsory national service. In its previous comments, the Committee had noted that the compulsory national service continued to be of indefinite duration and contains both a military and a civilian component. In this respect, it noted 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 civil sector positions can exercise their rights under the 2015 Civil Code. Recalling the restrictions in the Civil Code as regards collective bargaining for workers in civil service positions, it noted 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.

The Committee notes that the Government merely reiterates it previous observations. It notes, that pursuant to the 2024 report of the UN Special Rapporteur on the Situation of Human Rights in Eritrea, the duration of the service continues to be indefinite, both in its military and civilian components, which it has been since the Government declared a state of emergency in 1998 (A/HRC/56/24, paragraph 28). Recalling the long-standing nature of this issue, the Committee once again 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 once again requests the Government to provide information on any measures taken in this respect.

Promotion of collective bargaining in practice. In response to its request for detailed information regarding the collective agreements concluded and in force, the Committee notes the Government’s indication that there are currently 99 collective agreements in force covering 19,096 workers, including 10,865 men and 8,231 women. The Government also refers to 27 terminated, and 39 new collective agreements in 2024, and provides information as to the sectors concerned in which they were concluded (including textile, skin and shoes, transportation and communication, services, mining, chemical and metal, food and beverages). The Committee also notes the Government’s information that the Department of Labour frequently conducts awareness-raising activities as regards collective bargaining. The Committee requests the Government to provide detailed information as regards the promotion of free and voluntary collective bargaining, and to continue to provide detailed and up-to-date information on the collective agreements concluded and in force, including the number of workers covered.