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

Minimum Age Convention, 1973 (No. 138) - Eritrea (Ratification: 2000)

Article 1 of the Convention. National policy and application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information, in its report, regarding the action taken by the Ministry of Labour and Social Welfare (MLSW) to support and assist marginalized women to become independent and generate income through the provision of training and micro credit. The Government indicates that this can have an impact on the elimination of child labour. The Committee also notes the Government’s indication that necessary measures will be taken at the appropriate time to develop the national plan of action on the elimination of child labour, which the Government had referred to in its previous report. While noting the measures taken by the Government, the Committee once again urges it to intensify its efforts to progressively eliminate child labour in the country by adopting and implementing the National Action plan for the elimination of child labour. The Committee requests the Government to continue to provide information on the application of the Convention in practice, in particular statistical data on the employment of children and young persons by age group.

Article 2(1) of the Convention. Scope of application and labour inspection. Self-employment. Following its previous comments, the Committee notes once again the Government’s indication that it is engaged in including self-employment within the draft amendments to the Labour Proclamation No. 118/2001 (Labour Proclamation), which currently excludes self-employed workers from its scope of application. The Committee also notes the Government’s indication that the Labour Inspectorate regularly monitors workplaces and that, in this regard, measures are being taken to improve the number and quality of labour inspections through various trainings. For example, new labour inspectors were given training in August 2022, raising the number of inspectors to 55. Recalling that the Committee has been requesting the Government to take the necessary measures in this respect for many years, the Committee once again strongly urges the Government to strengthen its efforts to ensure that the protections provided under the Labour Proclamation are extended to children working outside of an employment relationship in the very near future. The Committee also requests the Government to continue to take measures to strengthen the capacity of the labour inspection system to adequately monitor and detect cases of child labour in the country, in particular self-employed children or children working in the informal economy. It further requests the Government to provide information on the number of inspections on child labour carried out by the labour inspectors as well as on the number and nature of violations detected and penalties applied.

Article 2(3) and (4). Age of completion of compulsory schooling. With regard to the measures taken to improve access to education, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 3(2). Determination of the types of hazardous work. Following its previous comments, the Committee notes with regret that the Government once again indicates that the MLSW is engaged in the process of finalizing 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.

Article 7. Light work. Following its previous comments, the Committee notes the Government’s indication that, considering that children often combine light work with schooling and are usually engaged in gainful employment for an income to supplement family living expenses, the MLSW is envisaging regulating and determining the types of activities, number of hours and conditions in which light work may be undertaken by children from the age of 12, in conformity with Article 7 of the Convention. Considering that it has been raising this question for a number of years, the Committee urges the Government to take the necessary measures to regulate and determine the types of activities, the number of hours and the conditions under which light work may be undertaken by children from the age of 12 years, as required under Article 7 of the Convention. It requests the Government to provide information on the progress made in this regard.

Article 9(3). Keeping of registers by employers. Following its previous comments, the Committee notes with regret that the Government indicates once again that the MLSW is still undertaking studies to develop the regulation on the registers of employment to bring it into conformity with Article 9(3) of the Convention. Noting that the Government has been referring to the adoption of this regulation since 2007, the Committee once again urges the Government to take the necessary measures to ensure that the regulation concerning the registers to be kept by employers is adopted without delay. It also once again requests the Government to provide a copy, once it has been adopted.

The Committee strongly encourages the Government to seek ILO technical assistance in its efforts to combat child labour.