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

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

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

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