Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - Eritrea (Ratification: 2000)

Article 1(a) of the Convention. Sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been requesting the Government to take the necessary measures to review the legislative provisions from the Press Proclamation No. 90/1996 (sections 15(3), 15(4) and 15(10)), and from Proclamation No. 73/1995 to legally standardize and articulate religious institutions and activities (sections 3(3) and 11(2)). These provisions – prohibiting various acts such as printing or disseminating publications or newspapers without a permit, disrupting general peace by publishing inaccurate information, or authoring a religious publication that interferes with government politics – are all liable to lead to the imposition of penalties of imprisonment for acts through which citizens can express political views or opinions opposed to the established political system. The Committee recalls that penalties of imprisonment in Eritrea involve compulsory prison labour pursuant to section 110(1) of the Transitional Penal Code. The Committee also observes that section 73(d) of the Penal Code of 2015 also provides that prisoners who are able to work are compelled to do so.

The Committee notes the Government’s statement, in its report, that Eritrea’s development and nation-building processes are grounded on social justice and that it continued to strengthen its domestic legal and institutional framework to address the specific needs and circumstances of the nation. The Government reiterates that the reports of the United Nations Special Rapporteur on the situation of human rights in Eritrea lacked impartiality and objectivity, that no compulsory prison labour has been imposed in Eritrea both in law and practice against any individual who peacefully expressed their views, and that it has never imposed prolonged and arbitrary detention against citizens who expressed their dissenting opinions against the system. Furthermore, the Government indicates that the Correction and Rehabilitation Services in Eritrea are responsible for managing detention facilities in compliance to human rights principles and standards, and that their objective is to rehabilitate convicted individuals to become law abiding and productive citizens when they reintegrate in the society once released.

The Committee observes, however, that in his two most recent reports, the Special Rapporteur continues to report on the widespread and systematic repression of the exercise of civil and political rights – including the rights to freedom of association, assembly and expression. According to these reports, thousands of persons, including real or perceived government critics and opponents, continued to be arbitrarily detained in the framework of the Government’s policy of a permanent crackdown on dissent without any access to due process rights, such as access to a lawyer, judicial review of the legality of the detention and without any legal process. The Special Rapporteur refers to some 16 journalists, including Swedish-Eritrean journalist and poet Dawit Isaak, that have been disappeared for more than 20 years, making them the longest detained journalists in the world, and to the 11 former members of the Government, the so-called G-15, who have been detained since 2001. Moreover, the Government’s repression of freedom of religion also affected permitted denominations, and religious leaders continued to be targeted and arbitrarily imprisoned, with the Government seeking to suppress the voice and influence of churches who have recently played an important role in publicly voicing concerns about the human rights situation in the country (A/HRC/53/20, 9 May 2023 and A/HRC/56/24, 7 May 2024).

The Committee deplores that Press Proclamation No. 90/1996 and Proclamation No. 73/1995 have been used to restrict civil liberties that allow individuals to express political views or challenge the established political, economic or social system and, in some cases, to prosecute and sentence political opponents with penalties of imprisonment (involving compulsory labour). Moreover, the Committee recalls that compulsory prison labour, even if designed for rehabilitation purposes, has an impact on the application of the Convention when it is imposed with respect to one of the circumstances covered under Article 1 of the Convention.

Accordingly, the Committee once again strongly urges the Government to take the necessary measures to review sections 15(3), (4) and (10) of Press Proclamation No. 90/1996 and section 3(3) of Proclamation No. 73/1995 to ensure that both in law and practice, no penalties involving compulsory prison labour can be imposed on persons for the peaceful expression of views ideologically opposed to the established political, social or economic system. In the meantime, the Committee requests the Government to provide information on the application in practice of the above-mentioned provisions.

Article 1(b). Compulsory national service for purposes of economic development. The Committee recalls that, for many years, it has been urging the Government to reform its compulsory National Service programme, which contemplates among its objectives enhancing the economic development of the country using its human resources in a trained and organized manner (section 5 of the National Service Proclamation No. 82/1995). In this regard, the Committee notes the Government’s reiteration that all compulsory labour in Eritrea qualifies as “minor communal services” and that such labour is conducted in the community’s best interest and involves essential economic activities like reforestation, soil and water conservation, reconstruction, and food security programmes. According to the Government, these activities are strictly necessary to address Eritrea’s challenges, alleviate poverty, and support livelihoods.

The Committee refers to its comments under the Forced Labour Convention, 1930 (No. 29), in which it takes note that, in practice, the conscription of all citizens for an indeterminate period had been institutionalized through their participation in various programmes, including the construction of roads and bridges, reforestation, soil and water preservation, reconstruction and activities intended to improve food security. The Committee stresses that the types of work indicated by the Government do not qualify as “minor communal services” of short duration and, rather, appear to be large-scale activities whose beneficiary is not only a single community but the whole population of a country. Therefore, imposing on citizens the obligation to perform such activities as part of their compulsory National Service constitutes a method of mobilizing labour for the purposes of economic development, which is prohibited by Article 1(b) of the Convention.

The Committee therefore once again urges the Government to take all the necessary measures to review National Service Proclamation No. 82 and eliminate both in law and practice, the use of compulsory labour in the context of national service obligations which constitutes a method of mobilizing labour for the purposes of economic development. In this regard, the Committee also refers to its comments under Convention No. 29.

Article 1(d). Penalties involving compulsory labour for participating in strikes. Following its previous comments, the Committee notes the Government’s reiterated statement that no individuals have been punished with penalties of imprisonment involving compulsory labour for organizing and participating peacefully in a strike, and that this is not an offence punishable with sentences of imprisonment in Eritrea.

The Committee recalls that Labour Proclamation No. 118/2001 provides that participation in unlawful strikes is considered an unfair labour practice (section 119(8)) punishable with fines, unless in certain cases the provisions of the Criminal Code provide for more severe penalties (section 144)). In the case of public servants, failure to carry out the duties in a proper manner and to the prejudice of the public, or participation in a strike with the intention of disturbing public order are punishable with imprisonment not exceeding three months (sections 412 and 413 of the Transitional Penal Code, respectively). The Committee once again recalls that in all cases and regardless of the legality of the strike action in question, no sanctions involving compulsory labour can be imposed for the mere fact of organizing or peacefully participating in strikes.

Therefore, the Committee urges the Government to take the necessary measures to ensure that, no person can be sanctioned with penalties of imprisonment (involving compulsory prison labour) under national legislation, for participating peacefully in a strike, ensuring that such a penalty is strictly limited to cases where participation in a strike has involved violence.