Country profile ERI
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2015-05-15 | C182 | Penal Code - Sections 377 to 389 and 391 | [{"link_name":"Penal Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/101051/ERI101051%20Eng.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Sections 377 to 389 of the Penal Code of 2015 make it an offence to produce, traffic, possess, sell, or cultivate controlled drugs or plants. Section 391 specifically deals with offences related to procuring a minor for the production or trafficking of controlled drugs or plants. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2015-05-15 | C182 | Penal Code - Sections 314, 315 | [{"link_name":"-Penal Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/101051/ERI101051%20Eng.pdf"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4117281,103282"}] | No | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | In its Direct Request adopted in 2021 on C182, the Committee notes that Section 108 of the Penal Code, which deals with crimes against humanity, prohibits the offence of forced prostitution. Section 314 of the Penal Code further prohibits procuring, promoting, or aiding the prostitution of another person. The Committee also notes that according to Section 315 of the Penal Code, any person who for gain or to gratify the passions of others: (a) traffics in women or infants and young persons, whether by seducing them, by enticing them, or by procuring them or otherwise inducing them to engage in prostitution or the production of pornography or for pornographic performances, even with their consent; or (b) keeps such a person in a disorderly house or lets them out to prostitution, shall be liable to a definite term of imprisonment of not less than five years and not more than seven years. However, the Committee observes that the offence of using a child by a client for prostitution is not covered by the above provisions. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2015-05-15 | C182 | Penal Code - Section 109(2)(x) | [{"link_name":"-Penal Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/101051/ERI101051%20Eng.pdf"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4117281,103282"}] | No | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | In its Direct Request adopted in 2021 on C182, the Committee notes the Government states in its report that the underage recruitment of children is completely prohibited by law and in practice in Eritrea. The Committee, however, notes that according to Section 109(2)(x) of the Penal Code, a person who, as a part of systematic plan or policy or a large scale commission, and in time of war, armed conflict or occupation, organises, orders, or engages in serious violations of laws and customs applicable in international armed conflict, such as conscripting or enlisting children under the age of 15 years into the national armed forces or using them to actively participate in hostilities is guilty of war crimes. The Committee observes that this provision protects only children below 15 years from being used in armed conflict, which is not in conformity with the provisions of the Convention. The Committee therefore urges the Government to take immediate and effective measures to ensure that no child under the age of 18 years shall be recruited or enlisted into the national armed forces or for armed conflict. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | No information | C182 | No information | [{"link_name":"No information","source_link":"No information"}] | No | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | No information |
| List of hazardous activities prohibited for children | N/A | C138 & C182 | N/A | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4318036,103282"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | In its observation (CEACR) on C138 adopted in 2022, the Committee notes with regret that the Government once again indicates that the Ministry of Labour and Social Welfare (MLSW) is engaged in the process of finalising the regulation issuing the list of hazardous activities prohibited to persons under the age of 18 years. The Committee once again recalls that the Government has been referring to the upcoming adoption of a list of hazardous activities prohibited to young employees since 2007. The Committee accordingly strongly urges the Government to take the necessary measures to ensure that the ministerial regulation issuing the list of hazardous activities prohibited to persons under the age of 18 is adopted in the near future. It once again requests the Government to provide a copy once it has been adopted. |
| Minimum age for hazardous work | No information | C138 & C182 | No information | [{"link_name":"No information","source_link":"No information"}] | No | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | No information |
| Minimum age for admission to apprenticeship | No information | C138 | No information | [{"link_name":"No information","source_link":"No information"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | No information |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2001-11-15 | C138 | Labour Proclamation of Eritrea - Articles 3 and 68 | [{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4124046,103282:NO"},{"link_name":"-Labour Proclamation of Eritrea","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/61291/ERI61291.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | In its CEACR Observation adopted in 2021 on C138, the Committee noted the Government’s indication that education is compulsory for eight years (five years of elementary school and three years of middle school), which would be completed at 14 years of age. This is then in line with the minimum age for admission to work as per Articles 3 and 68 of the Labor Proclamation |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4124043,103282:NO"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | In its CEACR Direct Request adopted in 2021 on C138, the Committee observed that the legislation contains no exception for light work for children below the minimum age of 14 years. It further noted the findings of the Constitution Commission that statutory regulations are needed concerning the number of hours children may work (light work and after school hours) in addition to the types of work which should be prohibited. The Committee requested the Government to finalise those regulations without delay. |
| Minimum age for light work | N/A | C138 | N/A | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4124043,103282:NO"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Eritrea's legal framework does not set a minimum age for admission to light work. Indeed, in its CEACR Direct Request adopted in 2021 on C138, the Committee observed that the legislation contains no exception for light work for children below the minimum age of 14 years. It further noted the findings of the Constitution Commission that statutory regulations are needed concerning the number of hours children may work (light work and after school hours) in addition to the types of work which should be prohibited. |
| Minimum age for admission to work | 2001-11-15 | C138 | Labour Proclamation of Eritrea - Articles 3 and 68 | [{"link_name":"Labour Proclamation of Eritrea","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/61291/ERI61291.pdf"}] | 14 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Articles 3 and 68 of the Labour Proclamation set the minimum age for admission to work at 14 years. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 03-JUN-2019 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 22-FEB-2000 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Extensive search of official sites did not provide evidence of any specific action plans or strategies specifically addressing child labour. | [{"link_name":"No information","source_link":"No information"}] | No information | No information | No information |