The Implied and False Forced Labor Allegation on National Service 269. Eritrea has continuously refuted the accusations of implied forced labor by members of the national service, also raised at some of the ILO Committee sessions. The allegation mentions that “Eritrea has relied on enforcing compulsory and indefinite National Service and introduced Warsai-Yikelao Development Campaign (WYDC) in 2002 as generalized practice of forced labor”. The Eritrean Government rejects the above allegation and has continuously stated that “National Service constitutes an exception for the term forced labor under article 3(17) of Proclamation 118/2001 and that normal civic obligations, labor provided as in the Penal Code, communal services rendered in case of emergency may not be regarded as forced labor. In this context the following need to be considered:-    According to Articles 6 – 8 of the National Service Proclamation No 82 of 1995, citizens who are 18 and above shall have the obligation to render national service for 18 months. This is compatible with the 3 elements of the definition on “Normal Civic Obligation” provided in Article 2, Paragraph (b) of Convention 29 regarded as exceptions (compulsory military service, work/services in emergencies and communal services). Eritrea‟s Criminal Procedure Code contains provisions governing criminal detention and arrest with clear guidelines for the abolition of forced labor stipulated in convention 105. Eritrea faces existential external threats, including occupation of its sovereign territories by Ethiopia, and has become part of the reasons for the extension of the period of service. But as explained in the earlier parts, it has always demobilizes members of national service from active duty. This asserts the legitimacy of the ongoing service under Convention 29 to call military and nom-military service as a case of emergency. Land Rights and Management 270. About 70 percent of the Eritrean people depend on agriculture for their livelihood and land is thus a central issue in the sustenance of a sound economic and social development. The institutional and legal basis to address the land issue is laid in the Land Proclamation No 58/1994. The proclamation clearly stipulates that land is administered by the State. The government in turn ensures the right of citizens to be beneficiaries in accordance to the law. It also addresses provisions in the utilization of land by other interested parties. The proclamation thus ensure the right of every major age citizen (18 years and above) in the rural areas to access agricultural and residential plots of land. The requirement is that they have to fulfill their national obligations outlined by law and in the stated Proclamation. 271. The user right to agricultural land is for life and gives the user the motivation and desire to work hard on the piece of land and manage it in a planned way. As food security is a priority of priorities for the government, ensuring land tenure has also become a significant issue in raising productivity. The proclamation also promotes sustainable land management. Accordingly, the land tenure and management has become an important issue in the empowerment of villagers. Based on the provisions of the Land Proclamation the inhabitants Page 67 of 100

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