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

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, that a specific national action plan on the elimination of child labour has not yet been developed. The Government indicates that it has developed various social protection initiatives, including the National Social Protection Policy 2022–2026 and Strategic Plan 2021, targeted at addressing socio-political drivers that perpetuate socio-economic vulnerability while identifying the most at-risk groups, including children. The Government also highlights efforts by the Ministry of Labour and Social Welfare (MoLSW) to support income-generating activities for female-headed households.

The Committee further notes, from to the United Nations Committee on the Rights of the Child (CRC) meeting summaries of 15 January 2025, that the Government is making significant efforts on child protection. As indicated by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), such efforts include the ongoing implementation of the Child Development Policy and Strategy, which includes strategies on child labour; the establishment of community-based Child Well-being Committees (CWBCs); the creation of a complaints mechanism by the Department of Social Welfare (DoSW) to address violence against children; and joint field supervision initiatives conducted by the DoSW and UNICEF in all subzones, focusing on monitoring community-based child protection and social protection activities. Moreover, the Committee notes, from the CRC meeting summaries, that the Eritrean Government is working to establish an information collection system on child protection, for which UNICEF is providing financial support. In its concluding observations of 31 January 2025, however, the CRC expressed its serious concern about the lack of data on child labour (CRC/C/ERI/CO/5-6, para. 40). While noting the measures taken by the Government, the Committee strongly encourages the Government to ensure the development and adoption of a national action plan specifically addressing the elimination of child labour in the country. The Committee also requests the Government to provide information on the impact of its social protection and child protection policies and initiatives on the elimination of child labour. Finally, the Committee requests the Government to provide statistical information on the nature, extent and trends of child labour, indicating the sectors of economic activity where child labour is most prevalent. To this end, it encourages the Government to take measures to ensure that a component on child labour indicators is included in the information collection system on child protection.

Article 2(1). Scope of application. Self-employment. The Committee notes the Government’s continued reiteration that it is engaged in including “self-employment” within the draft amendments to the Labour Proclamation No. 118/2001, which currently excludes self-employed workers from its scope of application. The Committee notes with regret that this process has been ongoing for the past decade. Once again recalling that the Committee has been requesting the Government to take the necessary measures in this respect for many years, the Committee strongly urges the Government to take the necessary measures to extend the application of the protections provided under the Labour Proclamation to children working outside of an employment relationship.

Article 3(2). Determination of the types of hazardous work. The Committee notes that the Government continues to indicate that the MoLSW is still in the process of finalizing regulations to issue the list of hazardous activities prohibited to children and young persons under 18. Noting with deep regret that the Government has been referencing the anticipated adoption of the list of hazardous activities prohibited to persons under the age of 18 since 2007, the Committee once again strongly urges the Government to take the necessary measures to ensure its adoption in the near future.

Article 7. Light work. The Committee notes the Government’s reiteration that the MoLSW is envisaging regulating and determining the types of light work activities that 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 requests the Government to provide information on any progress made in regulating and determining the types of activities, the number of hours in which and the conditions under which light work may be undertaken by children from the age of 12 years, as permitted under Article 7 of the Convention.

Article 9(3). Keeping of registers by employers. The Committee notes with regret that the Government indicates once again that the regulation on the registers of employment, which will ensure conformity with Article 9(3) of the Convention, has not yet been adopted. The Government indicates that this regulation will be finalized following the completion of the process of amendment of the Labour Proclamation. Recalling that the Government has been referring to the adoption of this regulation since 2007, the Committee strongly 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.

Labour inspection. The Committee notes, from the national report of the Government submitted to the Human Rights Council Working Group on the Universal Periodic Review of 23 February 2024, that in 2021, the MoLSW developed a child labour reference manual for trainers, social workers, and inspection officers, to raise awareness and strengthen efforts to prevent and monitor child labour. However, the Government indicates in its report that further awareness and capacity-building measures are required to adequately monitor and detect cases of child labour, including for workers, employers, staff members of the Ministry and the community at large. The Government states that it would welcome the ILO’s technical assistance in this regard to strengthen the capacity of the labour inspection system. The Committee requests the Government to take all possible measures to strengthen the labour inspection services and to ensure that labour inspectors have the capacities to monitor and detect cases of child labour. Furthermore, it requests the Government to provide information on the number and nature of violations recorded by labour inspectors involving children working below the minimum age for admission to employment, including those who are working on their own account or in the informal economy, and on the number and nature of penalties imposed.

The Committee strongly urges the Government to seek ILO technical assistance to align its legislation and practice with the provisions of the Convention and to enhance the capacity and effectiveness of its Labour Inspectorate.