Caso individual (CAS) - Discusión: 2015, Publicación: 104ª reunión CIT (2015)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Eritrea (Ratificación : 2000)



A Government representative expressed the view that the national laws were compatible with the requirements of the Convention. Compulsory national service was an exception to the term of forced labour under section 3(17) of the Labour Proclamation of Eritrea (No. 118 of 2001). Not only compulsory national service, but also normal civic obligations, compulsory labour as provided for in the Penal Code, communal services and services rendered in case of emergency could not be considered as forced labour. The Committee of Experts had indicated that, under the Convention, compulsory military service was excluded from the scope of the Convention only where conscripts were assigned to work of a purely military character. The Proclamation on National Service (No. 82 of 1995) was also designed for a military purpose. Furthermore, sections 6 and 8 of the Proclamation, which provided that Eritrean citizens who had attained the age of 18 and above had the obligation to render national services for 18 months, were compatible with the Convention, as Article 2(2)(b) provided that forced or compulsory labour should not include any work or service which formed part of the normal civic obligations of citizens. The Government of Eritrea agreed with the comment of the Committee of Experts according to which in specific circumstances, such as in cases of emergency, conscripts might be called upon to perform non-military activities. The Government also agreed with the indications of the Committee of Experts that the power to call up labour should be confined to genuine cases of emergency or force majeure, that is a sudden and unforeseen happening as provided for in Article 2(2)(d) of the Convention. However, the Conference Committee should understand the peculiar and genuine cases of emergency and the current situation in the country. The ongoing border conflict and the absence of peace and stability had been affecting the labour administration of the country. In view of the “no peace, no war” status, it was not possible to implement the final and binding decision of the Boundary Commission, and the international community was not playing its appropriate role in this regard. Moreover, there were unpredictable weather conditions which further contributed to a “threat of war and famine”. In view of these specific circumstances, the exception in Article 2(2)(d) of the Convention relating to cases of emergency applied. This justified the prolongation of the duration of national service beyond the stipulations in the Proclamation on National Service, and the adoption by the National Assembly in 2002 of the Warsai Yakaalo Development Campaign (WYDC). Compulsory services were strictly limited to the requirements of the current situation and community interests, and were not used for the benefit of private companies or individuals. The relevant post-war development campaign programmes were related mainly to labour in the areas of reforestation, soil and water conservation, as well as reconstruction activities and food security. Concerning the implementation of the Proclamation on National Service, the Government had no problem with conscripts leaving the service upon completion of their service of 18 months during peacetime, and in fact, before the start of the Eritrean–Ethiopian border conflict in 1998, there had been demobilizations. However, because of that border conflict, conscripts could not leave their service upon completion of the 18 month period. Contrary to the view expressed by the Committee of Experts, there were no large-scale and systematic practices of imposing compulsory labour on the population for an indefinite period of time within the framework of the national service beyond the exceptions provided for in the Convention. Hence, no forced or compulsory labour had been carried out in Eritrea in violation of the Convention. The Government had no intention of using national service in all-round activities or of extending the duration of such service indefinitely. Despite the threat of war and famine, the Government was demobilizing conscripts due to health and other social issues, and was planning in the near future to demobilize conscripts, in accordance with the Proclamation on National Service. However, these positive measures taken by the Government would not be able to achieve a lasting solution unless the major cause that affected the labour administration was tackled. He therefore called upon the ILO and the international community to play their role to influence the implementation of the final and binding decision of the Boundary Commission.

The Worker members said that the systematic and generalized practice of forced labour in Eritrea, which had been criticized for years, but to no avail, had been classified by the Committee of Experts as a double-footnoted case. In its interim report in March 2015, the United Nations Commission of Inquiry on Human Rights on Eritrea had found that compulsory and indefinite national service, combined with abusive government policies and practices, exposed workers to forced labour. Those practices were accompanied by arbitrary arrest and detention, extrajudicial executions and other violations of human rights. In accordance with the Proclamation on National Service, all Eritrean nationals between the ages of 18 and 40 were subject to “the obligation to perform compulsory national service”, which consisted of six months of military training and 12 months of active military service, in addition to economic development work within the armed forces. Moreover, the introduction in 2002 of the WYDC had institutionalized conscription for an indefinite period, as all citizens between the ages of 18 and 50 (40 for women) remained conscripted indefinitely for compulsory national service. There were two categories of conscripts: those who were conscripted into the army and were also assigned to non-military work, particularly in agriculture and construction; and those engaged in civil administration and who were permanently assigned to infrastructure projects, education and construction. Private enterprises were also authorized to have recourse to such labour through the WYDC. In such cases, wages were paid directly to the Ministry of Defence, which paid a much lower wage to the conscripts. That practice was common in the mining industry, and particularly in the Bishna mine.

In accordance with Article 2(2)(a) of the Convention, so as not to constitute forced labour, work exacted in the framework of compulsory military service had to be of a purely military character, in order to prevent conscripts from being assigned to public works. That limitation had its corollary in Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), which prohibited the exaction of forced or compulsory labour “as a means of mobilising and using labour for purposes of economic development”. The practices adopted by the Government of Eritrea went well beyond the context of the exception envisaged by Convention No. 29 as they allowed conscripts not only to be used for ordinary public works, but also in the private sector. Persons who did not comply with the requirement to perform national service were liable to severe penalties of up to five years of imprisonment and the suspension of other rights. Indeed, a military police force had been created for that purpose. Those who nevertheless managed to escape from national service left the members of their families at enormous risk, as they were considered by the Government to be guilty “by association” and liable to a fine of ERN50,000 (around US$3,350). If they could not pay that sum, family members were detained. Other reprisals, such as the non-renewal of commercial licenses, were also exacted. The situation was made worse by the inhuman and degrading prison conditions, in overcrowded prisons, unhealthy cells, and inadequate and insufficient food. As a result, many detainees fell ill, and medical services were inadequate. In addition, torture and ill-treatment were common. Contacts between detainees and their families were difficult, as families were not informed of the place of detention of their relatives, nor the reasons or length of detention. In view of the heavy prison sentences imposed in cases of refusal to perform national service, the conditions of detention and the reprisals against families, there could be no doubt that the work performed in the framework of national service was undertaken under the menace of penalties and that the persons concerned did not offer themselves for such work voluntarily. The Worker members also expressed concern with regard to the incidence of such practices in the case of women and children. Various reports had shown that almost one third of new conscripts at military training centres were under 18 years of age. Students during their last year of secondary school were required to engage in intensive military training in Sawa and students in their 12th year of school received military training before being transferred directly to the national service programme. In the case of women, who were also subject to compulsory military service, they were particularly vulnerable to the risk of harassment and sexual violence, and were forced to carry out domestic work in addition to their military functions. In view of the forced and indefinite conscription, tens of thousands of Eritrean nationals were fleeing their country, often at the risk of their lives, whether to Sudan or in an attempt to reach Europe, as illustrated by the Lampedusa tragedy, where the immense majority of the 359 victims were from Eritrea. As emphasized by the Committee of Experts, the present case was particularly serious and worrying. Eritrea was more of a penal colony than a State. The exaction of forced labour in the framework of national service was not only characterized by terrible abuses and the flagrant exploitation of workers, but also a humanitarian crisis, of which women and children were the principal victims. The Government needed to repeal with immediate effect the Proclamation on National Service and bring an end to the WYDC.

The Employer members welcomed the information provided by the Government. They noted the challenges faced by the Government due to the “no peace, no war” situation and also noted that the Government had requested the Committee to understand the genuine circumstances of the situation in the country. The Government continued to argue that work imposed under national service was intended for military purposes and that it formed part of the normal civic obligations of citizens as provided for in the exceptions in Article 2(a) and (b) of the Convention. The Government had also explained that the non-existence of peace, “threats of war and famine” and unpredictable weather conditions constituted cases of emergency, an exception provided for in Article 2(d) of the Convention. While the Employer members appreciated that the Government had provided explanations, they remained concerned about them. The Government had admitted that in view of the border conflict, and the “no peace, no war” situation, the original assignment of conscripts between 18 and 40 years of age for a period of 18 months had been extended, and that this practice had been institutionalized with the WYDC adopted in 2002. The Government had also admitted that conscripts could not leave national service. It had further confirmed that the duty of citizens in national service, as required under article 23(3) of the Constitution, not only included work of a military character, but also the building of roads and establishment of services, programmes of reforestation, soil and water conservation, reconstruction activities and food security. As a consequence, the broad scope of national service, encompassing civilian life, exceeded military purposes, as observed by the Committee of Experts. The Employer members recalled the obligation of all ratifying member States to eliminate all forms of forced labour. While the Committee of Experts had been making comments to Eritrea in recent years regarding the implementation of this obligation, the explanations of the Government had been the same for a number of years. The practice of imposing compulsory national service for an indefinite period did not fall within the exceptions set out in the Convention and was therefore incompatible with the Government’s obligations under the Convention to eliminate forced labour for state development. The Employer members urged the Government to amend or repeal the Proclamation on National Service and the WYDC of 2002, and to engage in consultations with the representatives of social partners in this regard. They stated that this was a serious matter requiring immediate action by the Government in order to bring national law and practice into line with the Convention.

The Worker member of Eritrea said that the ongoing process of reconstruction, stability and restoration of peace in Eritrea, following the decimating war, was difficult, slow and frustrating. This had contributed to a situation in which issues related to the world of work were often misrepresented. This was the case with the observation of the Committee of Experts regarding the use of forced labour in Eritrea. Eritrean workers were committed to the goal of reconstructing their communities after the devastation of the war and were ever ready to make sacrifices for it. However, they did not and had not encouraged the fact that those sacrifices were forcefully extracted. While reports containing misinformation and making general conclusions about the situation of forced labour in Eritrea were not helpful, he requested both technical and financial support from the ILO to build capacity in order to reinstate the 18 month national service, including through social national tripartite dialogue and consultation. This assistance was needed and should be provided so that Eritrea could steadily and gradually address these issues. Eritrean workers would welcome that assistance and cooperate with friendly and supportive partners. Finally, he urged the international community to play its role for the implementation of the Border Commission decision, which was final and binding.

The Employer member of Eritrea emphasized that the country was fighting not only for its independence, but also to ensure social justice. After Eritrea had gained independence in 1991, the Government had begun to demobilize ex-fighters and had initiated several economic and social programmes aimed at ensuring their capacity to earn their living. Unfortunately, a border war had been undermining these efforts. As a result, thousands of lives had been lost and tens of thousands of people had been displaced. Following the mediation by the international community, an agreement had been signed leading to a decision of the Boundary Commission, which was final and binding. Nonetheless, that decision had not been implemented for the past 13 years, resulting in a situation of “no peace, no war”. Until those conditions improved, the defence and sovereignty of the country had to remain a priority, requiring a compromise with respect to some national proclamations and ILO Conventions. The international community should play its role in the implementation of the decision taken by the Boundary Commission, which would solve the real cause of the problem.

The Government member of Latvia, speaking on behalf of of the European Union (EU) and its Member States, emphasized that the promotion and universal ratification and implementation of the eight fundamental ILO Conventions was part of the European human rights strategy adopted in 2012. In the framework of its cooperation with the EU, compliance with the Convention was essential, taking into account that Eritrea had expressed its commitment to the respect of human rights, including the abolition of forced labour, under the Cotonou Agreement. The Committee of Experts had requested the Government to take all necessary measures to amend or repeal the Proclamation on National Service and the WYDC of 2002 in order to remove all legislative provisions allowing for the exaction of forced labour within the context of national service. She called on the Government of Eritrea to respond to the requests of the Committee of Experts and to cooperate with the ILO. She also expressed the readiness of the EU to cooperate to ensure the full enjoyment and development of human rights in the country.

The Worker member of Sweden said that some of the reasons for the desperate and dangerous decisions taken by Eritrean migrants were forced labour, prolonged military conscription, arbitrary arrests, torture, appalling detention conditions, disappearances and severe restrictions on freedom of movement in the country. She recalled that many victims of the Lampedusa disaster had been Eritreans who had run away from servitude-like conditions. Furthermore, according to the United Nations High Commissioner for Refugees (UNHCR), an average of 5,000 Eritrean refugees, including unaccompanied minors, fled the country every month. This number did not include non-registered migrants, many of whom resorted to smugglers and traffickers to leave the country in order to avoid the heavy sanctions imposed for unauthorized travel. Eritrean migrants were reported to be victims of massive extortion, kidnapping, sexual assault, and the trafficking of body parts. Although the country should have shown the necessary responsibility to bring this situation to an end, the regime continued to deny entry to the United Nations Special Rapporteur on the situation of human rights abuses in Eritrea. In her 2014 report, she had indicated that the refugee exodus was being fuelled by alleged abuses, including extrajudicial executions, torture and forced military conscription of indefinite duration. Finally, she had called on the Eritrean regime to act responsibly on the issue, cooperate with partners committed to ending such abuses and to progressively review procedures and practices regarding refugees and migration issues.

The Worker member of Canada addressed the issue of the use of national compulsory service for non-military economic development, and indicated that the ruling party owned a national construction company which employed forced labour to build roads, housing and other earthworks throughout the country. This had been confirmed by examining the activities of the company conducted in association with large foreign multinationals from Australia, Canada, China and the United Kingdom which were exploiting some of Eritrea’s substantial mineral deposits. She referred in particular to a Canadian-owned company which had operated the Bisha mining project since 2010. Data showed that this company was one of the largest foreign investors in Eritrea and that Eritrea was Canada’s largest source of gold from sub-Saharan Africa. Eritrea virtually compelled foreign multinationals to subcontract their construction activities to this Eritrean company, thereby contracting them out to forced labour. This had come to light following a lawsuit launched in Canada against the related Canadian multinational by a number of Eritreans who had worked for the subcontracted company. The complainants asserted that it had conspired with the Eritrean Government to force them and other conscripted workers to work at the Bisha mine, with low pay, poor housing, insufficient medical services and inadequate food. A 2013 Human Rights Watch report confirmed these allegations. She wondered why the issue had not been identified by the Canadian Government’s corporate social responsibility programme or rectified once it came to light. Diplomatic relations with Eritrea should make clear that countries would not allow investment flows to industrial projects using forced labour. While Eritrea was responsible for the use of forced labour, foreign companies and investors should not benefit from it, and governments should make sure that these abuses did not occur.

The Worker member of Ghana, also speaking on behalf of the Worker members of Nigeria and Sierra Leone, said that hundreds of young men, women and children in search of a place to pursue their life’s aspirations engaged in life-threatening and dangerous escapes to Europe, often resulting in their death. Many of these young people were Eritreans who were pushed out of the country in large part by the situation of emergency, perpetual militarization and the situation relating to compulsory national service, as described by the Committee of Experts. This situation continued to constrain individual and collective economic activities. Although the border situation with Ethiopia in the war of 1998–2000 had triggered this practice, the WYDC adopted in 2002 allowed the conscription of all citizens between the ages of 18 and 40 for an indefinite period to national service. The perpetuation of militarization was no longer justifiable. The Government’s statement that the obligation to perform compulsory national service formed part of the exceptions provided for in the Convention was clearly erroneous. Ample evidence existed that people had worked for up to 15 years, in some cases with supressed incomes, within the context of so-called normal “civic obligations” and under a camouflage of perpetual military duties. The Government of Eritrea was therefore using the national service arrangements to shore up national economic development efforts, which was contrary to the spirit and letter of the Convention. Recalling that, although international human rights law gave the people of Eritrea the right to work for the advancement of their individual goals and ambitions, and the importance of Eritrean citizens contributing to ensure national economic prosperity, he nonetheless emphasized that forced labour could not be the way to pursue such goals. The Government should therefore be urged to accept ILO technical assistance.

The Government representative emphasized that the Government was opposed to forced labour, that it was currently working towards its abolition, and that it would continue to work towards this objective. He indicated that the root cause of this issue was related to the situation of the country as referred to in his earlier statement. The current conditions were not being used as an excuse to promote forced labour, but they were such that the Government was forced into this situation. He once again emphasized that it was important to address the root cause of forced labour, namely the “no peace, no war” situation, rather than to look at the outcome. This situation was not only the root cause of forced labour, but also of other problems. He called on the Conference and the ILO to work together to address the border conflict issue and the situation of “no peace, no war” to achieve peace and stability in the country. Without a solution in this regard, there would be drawbacks, even if laws and regulations were improved. When seeking a solution, all issues should be addressed, including technical aspects relating to labour issues and forced labour. He said that the Government looked forward to working together to try to influence and implement the final and binding decision of the Boundary Commission.

The Employer members once again thanked the Government for the information provided. They wished to make clear that they were sensitive to the difficult context and the challenges relating to the border conflict and the specific circumstances referred to by the Government. However, they indicated that it was important for the Government to understand the very serious concerns they had concerning the reiterated explanations provided by the Government in relation to the application of the Convention. In this regard, they remained concerned that the Government did not fully appreciate the comments of the Committee of Experts concerning the issue of forced labour which continued to exist in the framework of national compulsory service. They nevertheless believed that the Government was willing to work together with the ILO to understand more fully its obligations under the Convention, which were applicable despite the current context. They therefore recommended that the Government should accept ILO technical assistance in order to achieve the objective of eradicating forced labour in the context of national service, as well as measures to amend or repeal the Proclamation on National Service and the WYDC of 2002.

The Worker members said that, while they understood the difficulties Eritrea faced, the fact remained that the population was directly affected as a result and was suffering. The response to these difficulties should not be to force the population to work and, moreover, to do so in terrible conditions. The excessive militarization of society had created a situation in which human rights violations stemmed from legislation and the policies and practices followed by the Government. A large proportion of the population was subjected to forced labour through indefinite national service, which included compulsory non-military work. The Government should therefore be called upon to: put an end to indefinite national service by abolishing the WYDC and repealing the Proclamation on National Service; terminate the use of conscripts to perform work that was not purely military in nature, particularly in the private sector; end the military conscription of children; investigate allegations of killings, torture, kidnappings and other violations committed in the context of the national service; close secret detention facilities, guarantee the physical integrity of prisoners, and ensure they had access to medical treatment, as well as adequate detention conditions, in accordance with international standards; and put a stop to reprisals, such as the extortion of money, against the families of deserters. Given the systematic exaction of forced labour that had been practised in Eritrea for many years, the Worker members had considered that the inclusion of this case in a special paragraph of the Committee’s report was justified. However, the Government had recognized that the difficulties faced by the country did not excuse the imposition of forced labour and had asked the ILO for technical assistance. The Worker members therefore requested, in view of the serious and urgent nature of the situation, that direct contact should be established between the Office and the Government in order to support the country in meeting its obligation to end forced labour and to consider what technical assistance could be provided.

Conclusions

The Committee took note of the oral information provided by the Government representative on the issues raised by the Committee of Experts and the discussion that followed relating to the large-scale and systematic practice of imposing compulsory labour on the population for an indefinite period of time within the framework of the national service programme which encompassed all areas of civilian life and was therefore much broader than military service. These members of the national service also performed other duties, such as participating in the construction of roads and bridges, reforestation activities, soil and water conservation and activities aimed at food security. The obligation to perform compulsory national service was stipulated in the Proclamation on National Service of 1995 and the Warsai Yakaalo Development Campaign of 2002. The discussions had also highlighted that workers who refused to carry out work within the framework of the national service were faced with arbitrary arrest and detention and imprisonment in inhumane conditions.

The Committee noted the Government’s indication that its national laws were compatible with the requirements of Convention No. 29 since compulsory national service, normal civic obligations, communal services and services rendered in case of emergency could not be considered as forced labour. The Government highlighted that the ongoing border conflict and the absence of peace and stability had affected the labour administration of the country. In view of the “no peace, no war” status, it was not possible to implement the final and binding decision of the Eritrea–Ethiopia Boundary Commission. Moreover, there were unpredictable weather conditions which further contributed to a “threat of war and famine”. In view of these specific circumstances, the exceptions in Article 2(2) of Convention No. 29 relating to cases of emergency applied, which justified the prolongation of the duration beyond the stipulations in the Proclamation on National Service of 1995 and the adoption by the National Assembly in 2002 of the Warsai Yakaalo Development Campaign. The cases of compulsory services were strictly limited to the requirements of the current situation and community interests, and were not used for the benefit of private companies or individuals. The Government had no intention of using national service in all-round activities and to extend the service duration indefinitely. Despite the threat of war and famine, the Government was demobilizing conscripts due to health and other social issues. Finally, the Committee noted the Government’s statement that it wished to avail itself of ILO technical assistance.

Taking into account the discussion that took place, the Committee urged the Government to:

• accept ILO technical assistance in order to fully comply with its obligations under Convention No. 29;
• amend or revoke the Proclamation on National Service and the Warsai Yakaalo Development Campaign of 2002 to bring to an end forced labour associated with the national service programme, and ensure the cessation of the use of conscripts in practice in line with Convention No. 29; and
• immediately release all imprisoned “draft evaders” who refused to participate in conscription exacted in contravention of Convention No. 29.

The Government representative said that he could not accept the allegations and misinformation concerning alleged child soldiers and extortion. He urged the ILO and the international community to assist in implementing the binding decision of the Eritrea–Ethiopia Boundary Commission.