2020 Findings on the Worst Forms of Child Labor: Eritrea

 
No Advancement – Efforts Made But Complicit in Forced Child Labor

In 2020, Eritrea is receiving an assessment of no advancement. Despite initiatives to address child labor, Eritrea is receiving an assessment of no advancement because it had a policy of being complicit in the use of forced child labor in more than isolated incidents. Government officials continued to force students in grade 12, some of whom are under the age of 18, to participate in military training elements of the government's compulsory national service program. Otherwise, the government made efforts by maintaining funding for its education programs, and expanding schooling in rural areas prior to the onset of the COVID-19 pandemic. Children in Eritrea are subjected to the worst forms of child labor, including in forced military training associated with national service and forced agricultural labor. Moreover, Eritrea's minimum age protections do not apply to children working outside formal employment relationships, and therefore do not conform to international standards. In addition, the government does not have a mechanism to coordinate its efforts to address the worst forms of child labor.

I. Prevalence and Sectoral Distribution of Child Labor

Children in Eritrea are subjected to the worst forms of child labor, including in forced military training associated with national service and forced agricultural labor. (1) Table 1 provides key indicators on children’s work and education in Eritrea. Data on some of these indicators are not available from the sources used in this report.

Table 1. Statistics on Children's Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

Unavailable

Attending School (%)

5 to 14

Unavailable

Combining Work and School (%)

7 to 14

Unavailable

Primary Completion Rate (%)

 

60.3

Source for primary completion rate: Data from 2018, published by UNESCO Institute for Statistics, 2021. (2)
Data were unavailable from International Labor Organization's analysis, 2021.
(3)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Farming, activities unknown (1,4,5)

 

Herding livestock (1,4-7)

Industry

Mining, including gold (8)

 

Small-scale manufacturing (9)

Services

Domestic work, including fetching water and firewood (5,9)

 

Working in auto mechanic shops, bicycle repair shops, tea and coffee shops, metal workshops, grocery stores, the Asmara bowling alley, and open markets (1,4,6,9-11)

 

Street work, including vending, cleaning cars, and begging (1,5,9)

Categorical Worst Forms of Child Labor‡

Compulsory participation in national service or military training associated with national service prior to age 18, and in forced agricultural and domestic work (1,9,12-15)

 

Commercial sexual exploitation, sometimes as a result of human trafficking (15)

‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

The Proclamation on National Service No. 82/1995 establishes compulsory military training and service, known as National Service, for all citizens ages 18 to 40. (1,13,16) To graduate from high school and meet the compulsory training component of national service, students are required to complete their final year of schooling (grade 12) at the Warsai Yekalo Secondary School located at the Sawa military complex. Each year, 11,000 to 15,000 students enter grade 12 at Sawa, and while many of these students have typically reached age 18, some are reportedly as young as age 16. (1,13-15,17) The 4 months spent at Sawa are devoted to mandatory military training, which includes military discipline and procedures, weapons training, a survival exercise, and a two-to-four week war simulation. Some conscripts were forced to perform agricultural labor on government-owned farms. (14,16,18) In addition, conscientious objectors, including young Jehovah's Witnesses, are not given an alternative to military service and are prevented from receiving a high school diploma, a national ID card, a regional residence card, subsidized staples, or any kind of official employment unless they agree to military service. This leaves them vulnerable to becoming involved in illegal activity, including the worst forms of child labor. (19,20)

Eritrean children face a future of indefinite national service assignments, inability to earn higher wages in the private sector without completion of national service assignments, and notoriously harsh conditions at Sawa. These factors underlie an ongoing exodus of unaccompanied minors from the country. (4,14,21-23) Adolescent children, some as young as age 14, who attempted to leave Eritrea were sometimes detained or forced to undergo military training, despite being younger than the minimum age of 18 for compulsory military recruitment. (4,14,24,25) It is unclear if age verification procedures are consistently applied prior to new Sawa graduates being sent to active military service. (1,26) In addition, the military periodically conducts roundups, known as giffas, to perform identity checks. There have been reports that giffas have resulted in the imprisonment of children alleged to be attempting to evade compulsory national service and recruitment into the military. (12,14,27) The government did not collect or publish data on child work, child labor, or the worst forms of child labor during the reporting period. (1,9)

Children, particularly in rural areas, lack access to teachers, classrooms, transportation, uniforms, and school supplies. (1,14,18,28) To address the shortfall, the government has deployed teachers to less populated regions to educate rural and nomadic children. (1,9) The government's national development agenda prioritizes the expansion of schooling in rural areas. (1,29,30) However, teachers may flee the country to avoid open-ended conscription into Eritrea's national service system. The resulting staff shortages and high absenteeism rates compound these challenges. (14)

Restrictions imposed to contain the pandemic led to nationwide school closures, with the government suspending the free provision of education to most students in March 2020. (1) During the reporting period, as many as 300,000 children were out of school, a situation that continued to deteriorate throughout the year. (31) Prior to the pandemic, children attended public school in one of two daily shifts, allowing them to work and attend school simultaneously. Following pandemic-related school closures, however, children were observed working throughout the day. (1)

II. Legal Framework for Child Labor

Eritrea has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Eritrea’s legal framework to adequately protect children from the worst forms of child labor, including the minimum age for work.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

No

14

Article 3, 68 of the Labor Proclamation (32)

Minimum Age for Hazardous Work

No

 

Articles 3, 35, and 69 of the Labor Proclamation (32)

Identification of Hazardous Occupations or Activities Prohibited for Children

No

 

Article 69 of the Labor Proclamation (32)

Prohibition of Forced Labor

Yes

 

Articles 108(c), 297, and 316 of the Penal Code (33)

Prohibition of Child Trafficking

Yes

 

Articles 297, 315–318 of the Penal Code (33)

Prohibition of Commercial Sexual Exploitation of Children

No

 

Articles 305–306 and 313–318 of the Penal Code (33)

Prohibition of Using Children in Illicit Activities

No

 

Articles 390–392 of the Penal Code (33)

Minimum Age for Voluntary State Military Recruitment

No

   

Prohibition of Compulsory Recruitment of Children by (State) Military

Yes

 

Articles 7–8 of the Proclamation on National Service (13)

Prohibition of Military Recruitment by Non-state Armed Groups

No

 

Articles 109(e) and 111(b) of the Penal Code (33)

Compulsory Education Age

No

14‡

 

Free Public Education

No

 

Article 21 of the Constitution (34)

‡ Age calculated based on available information (35-37)

The Labor Proclamation's minimum age protections do not apply to children working outside formal employment relationships, such as those who are self-employed. This does not conform to international standards requiring all children to be protected by the minimum age to work. (32) In addition, Article 69 of the Labor Proclamation authorizes the Minister of Labor to issue a list of activities prohibited to children under age 18; however, the government has not determined by national law or regulation the types of hazardous work prohibited for children. Likewise, the Labor Proclamation’s hazardous work protections do not apply to children working outside formal employment relationships.(32,38)

Laws governing the use of children in illicit activities are not sufficient because offering and procuring a child for the production of drugs is not criminally prohibited. (33) In addition, laws regarding the commercial sexual exploitation of children are insufficient because the use of a child for prostitution is not criminally prohibited, although there are criminal penalties associated with the procurement of children under age 14. (33) The government announced in 2015 that it was considering drafting a new criminal code prohibiting the commercial sexual exploitation of children, but it is unclear whether that was drafted or put into effect. (18,39,40) Furthermore, voluntary military service of children under age 18 is not authorized in Eritrea because the Proclamation on National Service No. 82/1995, which requires compulsory national service from all citizens ages 18 to 40, defines national service in such a way that it is limited to people in that age group. (13)

While Eritrea does not appear to have any laws guaranteeing free basic education or setting the compulsory education age, several government policies provide free and compulsory basic education to all children below the age of 14, including the Education Sector Development Plan, the National Education Policy, and the Comprehensive National Child Policy. (38,41,42)

III. Enforcement of Laws on Child Labor

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor and Social Welfare (MoLSW)

Enforces labor laws and investigates labor abuses, including child labor. (17,39) According to the government, child labor inspectors operate in every administrative zone. (43)

Eritrean Police

Enforce laws and investigate referred cases of child trafficking and commercial sexual exploitation of children. (9)

Citizen Militia

Performs night patrols and refers cases of commercial sexual exploitation of children or other exploitative practices to the Eritrean police. (9)

Labor Law Enforcement

In 2020, labor law enforcement agencies in Eritrea took actions to combat child labor (Table 6). However, gaps exist within the operations of the Ministry of Labor and Social Welfare (MoLSW) that may hinder adequate enforcement, including the lack of referral mechanisms.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2019

2020

Labor Inspectorate Funding

Unknown (9)

Unknown (1)

Number of Labor Inspectors

28 (9)

28 (1)

Inspectorate Authorized to Assess Penalties

Yes (9)

Yes (1,32)

Initial Training for New Labor Inspectors

Yes (9)

Yes (1)

Training on New Laws Related to Child Labor

N/A (9)

N/A (1)

Refresher Courses Provided

Yes (9)

Yes (1)

Number of Labor Inspections Conducted

1,166 (9)

Unknown (1)

Number Conducted at Worksite

1,166 (9)

Unknown (1)

Number of Child Labor Violations Found

0 (9)

Unknown (1)

Number of Child Labor Violations for Which Penalties Were Imposed

N/A (9)

Unknown (1)

Number of Child Labor Penalties Imposed that Were Collected

N/A (9)

Unknown (1)

Routine Inspections Conducted

Yes (9)

Unknown (1)

Routine Inspections Targeted

Yes (9)

Unknown (1)

Unannounced Inspections Permitted

Yes (9)

Yes (1,32)

Unannounced Inspections Conducted

Yes (9)

Unknown (1)

Complaint Mechanism Exists

Unknown (9)

Unknown (1)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Unknown (9)

Unknown (1)

MoLSW closed amid widespread lockdowns to contain the pandemic. Inspectors therefore had limited access to workplaces in 2020. (1,9) Although the labor inspectorate did not share a detailed breakdown of sectors inspected during the reporting period, prior reporting indicates MoLSW targeted sectors in urban areas, including manufacturing, sales, and hospitality. (1,9,30) Due to a lack of resources, inspectors were unable to access sites in remote areas and the informal sector, in which child labor is likely to occur. (9) Because child labor laws do not extend to private farms and homes, MoLSW did not inspect private residences for child labor violations. (1) Moreover, research indicates that the number of labor inspectors is likely insufficient for the size of Eritrea's workforce, which includes approximately 2.7 million workers. (45) According to the ILO's technical advice ratio approaching 1 inspector for every 40,000 workers in less developed economies, Eritrea would employ about 68 labor inspectors. (45,46)

Labor inspectors, in collaboration with the local administrations and police, are empowered to identify and prosecute child labor violations. Penalties for labor violations are assessed in coordination with inspectors, administrators, and the police, and are adjudicated by judicial authorities. (1)

In 2020, MoLSW worked with the ILO to develop an enhanced labor officer training program. However, the pandemic delayed its implementation. (1) Research was unable to determine whether reciprocal referral mechanisms exist between labor authorities and social services. (9,10) The government did not provide information on its labor inspectorate funding for this report. (1)

Criminal Law Enforcement

In 2020, criminal law enforcement agencies in Eritrea took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal enforcement, including lack of criminal law enforcement data.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2019

2020

Initial Training for New Criminal Investigators

Unknown (9)

Unknown (1)

Training on New Laws Related to the Worst Forms of Child Labor

N/A (9)

N/A (1)

Refresher Courses Provided

Yes (9)

Unknown (1)

Number of Investigations

Unknown (9)

Unknown (1)

Number of Violations Found

Unknown (9)

Unknown (1)

Number of Prosecutions Initiated

Unknown (9)

Unknown (1)

Number of Convictions

Unknown (9)

Unknown (1)

Imposed Penalties for Violations Related to The Worst Forms of Child Labor

Unknown (9)

Unknown (1)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Unknown (9)

Unknown (1)

Under the Proclamation on National Service (No. 82/199), all Eritreans over the age of 18 must undergo 6 months of compulsory military training at the National Military Training Center. Despite evidence that children younger than age 18 are forced to participate in military training, research did not identify measures taken by the government in 2020 to ensure children were not subjected to compulsory military training. (9,14,32) The government does not publicly release information on its criminal law enforcement efforts. (9)

IV. Coordination of Government Efforts on Child Labor

Research found no evidence that the government has established mechanisms to coordinate its efforts to address child labor.

Eritrea's 43 Child Wellbeing Committees, which operate at the local level, coordinate representatives from the political, health, educational, legal, and civil society sectors. They are charged with ensuring that children in distress receive specialized care. (1) While the committees were active in 2020, research found that their mandates are focused on reducing female genital mutilation and child marriage and do not extend to efforts to address child labor. (1,9,10)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 8). However, policy gaps exist that hinder efforts to address child labor, including mainstreaming child labor issues into relevant policies.

Table 8. Key Policies Related to Child Labor

Policy

Description

Comprehensive National Child Policy

Addresses underlying causes of child labor through studies of and assessments on the nature and conditions of child labor; designs advocacy and public awareness campaigns to sensitize on the worst forms of child labor; and empowers communities and the public sector to monitor and prevent child labor from occurring. (30,41) The policy calls for the provision of free and compulsory basic education to all children irrespective of gender, sex, ethnicity, religion, or disability. (47) A ban on gatherings due to the pandemic led to suspension in education sensitization campaigns in 2020. However, the government continued to allocate resources in furtherance of these policy objectives in 2020. (1,48)

Education Sector Development Plan (2018–2021)

Establishes 8 years of free and compulsory education for all children. (29,49) Includes a strategy to ensure equitable access to education for all children, including in nomadic communities, through the provision of portable classrooms. (29,30) Virtual learning was generally not widely available due to low levels of Internet and radio availability. (1,50) However, in April, the Ministry of Education (MoE) began providing TV-transmitted instructions for secondary education. (50,51) Moreover, UNICEF supported MoE's plans to finalize media-transmitted instructions for basic education in July 2020. (48,50) MoE also trained 180 complementary elementary education facilitators, and enrolled 5,900 out-of-school children in the remote communities of Gash-Barka, Northern Red Sea and Anseba Zobas. (51)

‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (42)

VI. Social Programs to Address Child Labor

In 2020, the government funded and participated in programs that may contribute to eliminating child labor (Table 9). However, gaps exist in these social programs, including capacity to address the problem in all sectors.

Table 9. Key Social Programs to Address Child Labor

Program

Description

Complementary Elementary Education (CEE)†

Government program created under the Education Sector Development Plan that addresses the educational needs of out-of-school children ages 9 to 14 in remote and rural areas. Condenses 5 years of elementary education into a 3-year program to allow students to either mainstream into formal education at the secondary level or access vocational education. (5,18,29) UNICEF pledged to support continuity of education for over 600,000 children in 2020–2021. (31,48,50) In 2020, the UN worked with MoE to develop continuity of education plans and expedite safe school reopening, including through the distribution of 50,000 bars of soap to promote handwashing. With MoE, UNICEF also trained 180 facilitators in basic education skills in CEE centers. (1,50,51)

UNICEF Country Program (2017–2021)

$19.5 million ($31 million requested) UNICEF-funded program nested under the UN-Eritrea Strategic Partnership Cooperation Framework (2017–2021); in collaboration with the government, expands access to quality basic education for all children, and protects children from violence, exploitation, and abuse. (52-54) UNICEF's Mine Risk Education program was suspended in 2020 due to school closures. (48,50) However, through the Community-Based Rehabilitation program, UNICEF and MoLSW provided mental health and psychosocial support to over 300 vulnerable children, including those with disabilities. (48,50) In addition, UNICEF worked with MoE to train facilitators and establish non-formal complementary education centers catering to older children. (50) Following countrywide school closures in March, UNICEF also provided technical support to MOE for TV-transmitted primary and secondary instruction. Moreover, MoLSW translated parenting and hygiene recommendations into Tigrinya and disseminated them through national newspapers and radio programs with UNICEF's support. (50)

Better Migration Management

EU-led program encompassing 11 countries in North, Central, and East Africa, and aims to address the international labor market, including trafficking of children. The Eritrean government joined the program on May 28, 2019. (9,55) Research was unable to determine whether the policy was implemented during the reporting period.

† Program is funded by the Government of Eritrea.

Research found no evidence of programs that target children working in agriculture, domestic work, and street work, or that address all worst forms of child labor in the country.

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Eritrea (Table 10).

Table 10. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that all children are protected by minimum age laws, including those who are self-employed.

2010 – 2020

 

Determine the types of hazardous work prohibited for children and ensure that all children are protected by hazardous work prohibitions, including children in the informal sector.

2015 – 2020

 

Criminally prohibit the use of a child for prostitution.

2014 – 2020

 

Criminally prohibit procuring and ffering a child for the production of drugs.

2013 – 2020

 

Criminally prohibit the recruitment of children under age 18 by non-state armed groups.

2016 – 2020

 

Establish by law free basic public education.

2016 – 2020

Enforcement

Publish information on labor inspectorate funding, total number of inspections conducted at worksites, number of violations, number of targeted, routine, and unannounced inspections, number of violations for which penalties were imposed and collected, and whether complaint mechanisms and reciprocal referral mechanisms are in place.

2009 – 2020

 

Increase the number of labor inspectors to meet the ILO's technical advice.

2018 – 2020

 

Ensure labor inspectors are provided sufficient resources, including transportation, to access sites in which child labor is likely to occur.

2019 – 2020

 

Publish information on criminal law enforcement efforts, including initial and refresher training for new investigators, and data on the number of criminal investigations, violations, prosecutions, and convictions related to the worst forms of child labor, and if reciprocal referral mechanisms exist.

2019 – 2020

Coordination

Establish coordinating mechanisms to directly address child labor.

2009 – 2020

Government Policies

Ensure that children under age 18 are not placed in military or agricultural labor assignments as part of national service.

2009 – 2020

Social Programs

Ensure that all children have access to education by building more schools and removing financial and religious barriers to attendance, as outlined in the 2018 Education Sector Development Plan.

2010 – 2020

 

Collect and publish data on the extent and nature of child labor to inform policies and programs.

2009 – 2020

 

Institute programs to address child labor, including in agriculture, domestic work, street work, and the worst forms of child labor, including in commercial sexual exploitation.

2009 – 2020

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