Eritrea
The ITUC affiliate in Eritrea is the National Confederation of Eritrean Workers (NCEW).
Eritrea ratified Convention No. 87 on Freedom of Association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and Protection of the Right to Organise (1948) in 2000 and Convention No. 98 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
(1949) in 2000.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is recognised by law but strictly regulated.
Anti-Union discrimination
The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Barriers to the establishment of organisations
- Prior authorisation or approval by authorities required for the establishment of a union
- The Ministry of Labour and Human Welfare must grant special approval for groups of 20 or more persons seeking to form a union, but the government generally does not oppose their formation.
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Other civil servants and public employees
- Civil servants not involved in state administration will be given the right to organise when the draft Civil Service Proclamation is passed.
Others restrictions
- Others restrictions
- No political or civic organisations are permitted except those controlled by the People’s Front for Democracy and Justice (PFDJ). There is no freedom of association: all unions - including the National Confederation of Eritrean Workers (NCEW) and its affiliates - are kept under close scrutiny by the government. Non-governmental public gatherings of over seven persons are prohibited.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is not protected in law.
Limitations or ban on collective bargaining in certain sectors
- Other civil servants and public employees
- Civil servants in the Central Personnel Administration (CPA) do not have the right to collective bargaining.
Other limitations
- Other limitations
- No political or civic organisations are permitted except those controlled by the People’s Front for Democracy and Justice (PFDJ). There is no freedom of association: all unions - including the National Confederation of Eritrean Workers (NCEW) and its affiliates - are kept under close scrutiny by the government. In practice, there is no free collective bargaining.
Right to strike
Right to strike
The right to strike is prohibited.
Other restrictions
- Other restrictions
- Non-governmental public gatherings of over seven persons are prohibited.
- Other restrictions
In practice
The Supreme Court of British Columbia recognised its competence to rule upon the lawsuit filed by Eritrean victims against Newsun Resources Ltd, a Canadian mining company that co-owns the Bisha mines in partnership with the Eritrean government, for claims of complicity in crimes against humanity, forced labour and torture. The Eritrean National Mining Corp. owns 40% of the Bisha Mine Co. The Canadian court claimed jurisdiction by taking into consideration the lack of access to a judicial remedy in Eritrea. In 2015, the UN Commission of Inquiry on Eritrea stated that the judicial system in the country lacks of independence and the administration of justice is “completely deficient.”
No political or civic organisations are permitted except those controlled by President Isaias’s People’s Front for Democracy and Justice (PFDJ). There is no freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
: all unions - including the National Confederation of Eritrean Workers (NCEW) and its affiliates - are kept under close scrutiny by the totalitarian government. Non-governmental public gatherings of over seven persons are prohibited. In practice, there is no free collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
.
The activities of the National Confederation of Eritrean Workers (NCEW) are closely monitored by the government. Some of its affiliated unions (such as those representing teachers, women, young people and general workers) come under close scrutiny from the government and the ruling People’s Front for Democracy and Justice Party. Free collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is thus rendered meaningless. In November the NCEW held a conference to mark its 30th Anniversary.