Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 29) sur le travail forcé, 1930 - Erythrée (Ratification: 2000)

Articles 1(1) and 2(1) of the Convention. Compulsory national service. For a number of years, the Committee has been referring to section 3(17) of the Labour Proclamation of Eritrea (No. 118/2001), under which the expression “forced labour” does not include compulsory national service. The Committee noted that, under article 25(3) of the Constitution, citizens must complete their duty in national service. It also noted that, although the obligation to perform compulsory national service had been originally stipulated in 18 months (pursuant to the Proclamation on National Service, No. 82 of 1995), conscription of all citizens between the ages of 18 and 40 for an indefinite period was institutionalized with the introduction of the “Warsai Yakaalo Development Campaign” (WYDC), adopted by the National Assembly in 2002. In this connection, the Committee notes the Government’s statement that the obligation to perform compulsory national service is part of the normal civic obligations of citizens, and therefore falls within the scope of the exceptions provided for in the Convention, in particular: work or service exacted in virtue of compulsory military service laws and work or service exacted in cases of emergency.

With regard to the linkage between national service and work exacted under compulsory military service laws, the Committee notes the Government’s indication that any work or service exacted under section 5 of the 1995 Proclamation on National Service constitutes work of a purely military character. The Government states, however, that conscripts may also perform other duties, such as participating in the construction of roads and bridges. According to the Government, members of the national service have engaged in numerous programmes, mainly in reforestation, soil and water conservation, reconstruction, and activities aimed at improving food security. The Committee further notes that, according to abovementioned section 5, the objectives of national service include, inter alia, the creation of a new generation, characterized by love for work, discipline, ready to serve and participate in the reconstruction of the nation; and the development and strengthening of the economy by “investing in the development of peoples’ work as a potential wealth”.

In this connection, the Committee notes the statement in the report of the UN Special Rapporteur on the situation of human rights in Eritrea, of May 2014, that national service encompasses all areas of civilian life and is therefore much broader than military service. The UN Special Rapporteur highlights that national service is involuntary in nature, is of indefinite length and amounts to forced labour. According to the Special Rapporteur, the military police conducts periodic round-ups in homes, workplaces, public places and on the streets in search of deserters and draft evaders, as well as to recruit persons considered fit to serve (A/HRC/26/45, paragraphs 34, 38, 71 and 73).

The Committee recalls that, under Article 2(2)(a) of the Convention, compulsory military service is excluded from the scope of the Convention only where conscripts are assigned to work of a purely military character. This condition, which aims specifically at preventing the call-up of conscripts for public works, has its corollary in Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), which prohibits the use of forced or compulsory labour “as a method of mobilizing and using labour for purposes of economic development”. The Committee therefore draws the Government’s attention to the fact that work exacted from recruits as part of national service, including work related to national development, is not purely military in nature. The Committee also recalls that, in specific circumstances, such as in cases of emergency, conscripts may be called to perform non-military activities. However, in order to respect the limits of the exception contained in Article 2(2)(d) of the Convention, the power to call up labour should be confined to genuine cases of emergency, or force majeure, that is, a sudden, unforeseen happening calling for instant countermeasures. Moreover, the duration and extent of compulsory service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation.

While noting the information provided by the Government, as well as its description of the factual situation in the country, which is referred to as a “threat of war and famine” situation, the Committee points out that 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 goes well beyond the exceptions provided for in the Convention. The extended obligations imposed on the population – as well as conscripts’ lack of freedom to leave national service, as stated by the Government – are incompatible both with Conventions Nos 29 and 105, which prohibit the use of forced or compulsory labour as a method of mobilizing and using labour for purposes of economic development. In light of the above considerations, the Committee urges the Government to take the necessary measures to amend or repeal the Proclamation on National Service, No. 82 of 1995 and the WYDC Declaration of 2002, in order to remove the legislative basis for the exaction of compulsory labour in the context of national service, and to address the incompatibility of these texts with both Conventions Nos 29 and 105. Pending the adoption of such measures, the Committee urges the Government to take concrete steps with a view to limiting the exaction of compulsory work or services from the population to genuine cases of emergency, or force majeure, and to ensure that the duration and extent of such compulsory work or services, as well as the purpose for which it is used, is limited to what is strictly required by the exigencies of the situation.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 104th Session and to reply in detail to the present comments in 2015.]