Eritrea - Country baselines under the ILO Declaration Annual Review (2000-2008): Effective abolition of child labour (CL)

Involvement of Employers’ and Workers’ organizations in the reporting process

YES, according to the Government: Involvement of the Eritrea Federation of Employers (EFE) and the National Confederation of Eritrean Workers (NCEW) through communication of government reports.

OBSERVATIONS BY THE SOCIAL PARTNERS

Employers’ organizations

2008 AR: Observations by the EFE.

2006 AR: Observations by the EFE.

Workers’ organizations

2008 AR: Observations by the NCEW.

2006 AR: Observations by the NCEW.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Ratification

Ratification status

Eritrea ratified in 2000 the Minimum Age Convention, 1973 (No. 138) (C.138). However, it has not ratified the Worst Forms of Child Labour Convention, 1999 (No. 182) (C.182).

Ratification intention

Under review, for C.182.

2008 AR: The Government indicated that the ratification of C.182 is still under review.

The EFE and the NCEW expressed their support to the ratification of C.182.

2006 AR: According to the Government: C.182 is still under review by the National Assembly for possible ratification.

2003 AR: The Government stated that it had submitted C.182 to the competent authorities and that the ratification of this Convention was under review.

2001 AR: Based on information in GB.282/LILS/7 and GB.282/8/2 (Nov. 2001), the Government intended to ratify C.182.

Recognition of the principle and right (prospect(s), means of action, basic legal provisions)

Constitution

YES

The 1997 Constitution (article 21.1) provides that every citizen shall have the right of equal access to publicly funded social services and that the State shall endeavour, within the limit of its resources, to make available to all citizens health, education, cultural and other social services.

Policy, legislation and/or regulations

Basic legal provisions

Policy

2002-2003 ARs: According to the Government: the principle and right (PR) is recognized in national policy, legislation and regulations, namely through:

-Macro Policy No. 13.1.2(a) which concerns basic schooling for children and No.13.3.2 (h) which concerns legal protection for economic and social forms of exploitation are aimed at ensuring the effective abolition of child labour.

Legislation

The Labour Proclamation of Eritrea No. 8/1991 prohibits the employment of minors under 14 years of age and under 18 years of age in certain conditions.

(i) The Labour Proclamation of Eritrea No. 118/2003; (ii) the Labour Proclamation of Eritrea No. 8/1991; and (iii) the Transitional Penal Code.

Judicial decisions

NIL

Exercise of the principle and right

Compulsory education

YES: The age of completion of free compulsory schooling (14 years) corresponds to the minimum age for admission to employment or work, with a general requirement of seven years/grades of instruction.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Exercise of the principle and right

Minimum Age

2003 AR: General minimum age for admission to employment or work: 14 years for both boys and girls (Labour Proclamation No. 8/1991, section 32.2).

Hazardous work: minimum age of 18 years for both boys and girls

Section 69(1) of the Labour Proclamation of Eritrea No. 118/2003 defines hazardous work as: (a) work in passengers'/goods' transport by road, railway, air and sea in dock side and warehouses involving heavy weight lifting, pulling or pushing or any other related type of labour; (b) work connected with toxic chemicals, dangerous machines, electric power generation plants, transformers or transmission lines; (c) underground work, such as mines, quarries and similar work; and (d) working in sewers and tunnel digging.

Worst Forms Child Labour

2004 AR: According to the Government: Child labour, including its worst forms (such as sale and/or trafficking; debt bondage, serfdom, forced or compulsory labour; forced recruitment for armed conflict; prostitution; pornography; illicit activities, in particular production and trafficking of drugs, etc.) does not exist in the country.

Special attention to particular situations

According to the Government: Street children, child returnees, poor parents and women.

Information/Data collection and dissemination

According to the Government: Lack of information and data.

Monitoring, enforcement and sanctions mechanisms

2000 AR: According to the Government: the means of implementing the PR are both administrative and legal, especially through judiciary and labour inspection.

Involvement of the social partners

2005 AR: According to the Government: the World Bank Fund is supporting a special Programme known as Early Childhood Development (ECD) and which is being conducted to realize the PR.

2000 AR: According to the Government: some provisions of the Labour Proclamation No. 8/1991 are being revised by the Government, in consultation with social partners, in order to take into consideration the suggestions made by the ILO concerning the PR.

Promotional activities

2007 AR: According to Government: the Labour Department is planning to conduct a child labour survey in 2007.

2000 AR: According to the Government: Various measures were being undertaken on child issues, including:

- Street Children Rehabilitation Programme, with various measures promoted, inter alia, by street educators;

-Poverty alleviation Programmes, with income-generating activities for poor parents in urban areas and a cash-for-work Programme in rural areas;

-Special support for women's literacy, income-generating schemes and increased participation and legal rights, taking into account the important flow-on effect between the social and economic situation of women and the welfare of children;

-Special Programmes in favour of child returnees carried out by the Eritrea Relief and Refugees Commission;

-A regular sensitization campaign on child issues, including special activities for the International Children's Day.

In August 1999, the ILO organized in Asmara a National Workshop on International Labour Standards and the 1998 ILO Declaration on Fundamental Principles and Rights at Work;

-In October 1999, a national tripartite delegation participated in the First African Regional Workshop on Promoting the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, organized in Dakar, Senegal;

-The ILO EAMAT, Addis Ababa and ILO Cairo, has assisted the Government in defining its country objective Programme under the Support for Policy and Programme Development (SPPD) Project in which the issue of child labour has been taken into consideration.

-UNICEF is providing training on child issues to Government officials and is also supporting NGOs working in the field of children and youth, such as the National Youth and Students' Association and the National Eritrean Women's Association.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Special initiatives/Progress

2004 AR: According to the Government: Parents were encouraged to send their children to schools and parents whose children worked due to economic constraints have been provided with social assistance, stipends along with free schooling and free kits for school such as books and exercise books, etc.

CHALLENGES IN REALIZING THE PRINCIPLE AND RIGHT

According to the social partners

Employers’ organizations

2008 AR: The EFE indicated that current political instability in Eritrea has made it more difficult to eliminate child labour in the country.

Workers’ organizations

2008 AR: According to the NCEW: child labour appears to be on the increase in the country, and it is therefore a concern to raise awareness on this issue.

According to the Government

2004 AR: According to the Government: Poverty is the major obstacle with respect to realizing the PR. Thirty years of devastating war, current boarder conflict and drought have escalated poverty, which forced many children to work and thus making its abolition difficult.

TECHNICAL COOPERATION

Request

2008 AR: The EFE requested ILO technical cooperation in supporting Eritrea’s sustainable development. This will increase population’s living standards through a «cash for work» policy and therefore reduce child labour in the country. It also added that capacity building of employers on child labour and the Declaration Follow-up is needed.

According to the NCEW: technical and financial support is needed from the ILO in order to eliminate child labour in Eritrea, in particular supporting awareness raising campaigns and training on the Declaration FPRW.

2006 AR: Technical cooperation: The Government strongly requested ILO technical cooperation, namely for the establishment of an ILO/IPEC Programme to support the country in its struggle against child labour, in particular in its worst forms. This Programme should be preceded by a national survey on child labour, the recommendations of which should be discussed during a national tripartite «plus» workshop on the ILO Fundamental Conventions and the Declaration. The Government also reiterated its previous request for ILO technical cooperation to facilitate the realization of the PR in Eritrea in the following areas, in order of priority: (1) special Programme for the elimination of the worst forms of child labour; awareness raising, legal literacy and advocacy; sharing of experience across countries, regions; capacity-building of responsible government institutions (e.g. labour inspection and administration); training of other officials (e.g. police, judiciary, social workers, teachers); and (2) data collection and policy advice; employment creation, skills training and income generation; social protection systems.

The Employers’ Federation of Eritrea (EFE) supported the Government’s request for ILO technical cooperation and stressed the need for sensitization and capacity building of employers to fight against child labour in the various regions of the country.

The National Confederation of Eritrean Workers (NCEW) made a special call for ILO technical cooperation to strengthen its capacity to fight against the child labour scourge in Eritrea, namely by supporting the activities of its national training centre and its regional activities.

2005 AR: According to the Government: Needs for ILO technical cooperation to facilitate the realization of the PR in Eritrea exist in the following areas, in order of priority: (1) special Programme for the elimination of the worst forms of child labour; awareness raising, legal literacy and advocacy; sharing of experience across countries and regions; capacity-building of responsible government institutions (e.g. labour inspection and administration); training of other officials (e.g. police, judiciary, social workers, teachers); (2) data collection and policy advice; employment creation, skills training and income generation; social protection systems.

Offer

2000-2005 ARs: ILO, UNICEF and the World Bank.

EXPERT-ADVISERS’ OBSERVATIONS/

RECOMMENDATIONS

NIL

GOVERNING BODY OBSERVATIONS/

RECOMMENDATIONS

NIL