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Photo: The "Tank Graveyard" Asmara, Eritrea - Clay Gilliland
Eritrea national service was meant to last 18 months. That is what the law says. In reality, some people have been serving for over 20 years. The government extended the service indefinitely after the war with Ethiopia in 1998. Since then, there has been no end date. Conscripts are assigned to military units, government construction projects, farms, or mines. They are paid almost nothing. They cannot leave. They cannot choose their work. The UN called this system forced labour that may amount to enslavement.[1]
This article explains how Eritrea national service works, why it lasts so long, and what daily life looks like for conscripts. It also covers the economic impact on families and the implications for asylum claims. Understanding this system is essential for anyone involved in asylum cases concerning Eritrea.
Legal duration (Proclamation 82/1995)
Actual duration for many conscripts
Monthly pay (500 Nakfa)
No official end date since 1998
The Legal Basis of Eritrea National Service
The legal foundation for Eritrea national service is Proclamation No. 82/1995. This law requires all Eritrean citizens between the ages of 18 and 40 to complete national service. The official programme has two parts. The first part is six months of military training at the Sawa military training camp in western Eritrea. The second part is 12 months of "active national service," which can be military or civilian work. Together, the legal requirement is 18 months.[2]
However, in 1998, war broke out between Eritrea and Ethiopia. President Isaias Afwerki issued a decree extending national service indefinitely. This extension was made permanent through the "Warsai Yekalo Development Campaign," which was announced in 2002. Under this campaign, all conscripts must continue to serve until the government releases them. There is no defined end date. The government has never set a new maximum duration.
As a result, people who were conscripted in the late 1990s are still serving today. They have spent more than 20 years in the system. Furthermore, the age limit has also been effectively raised. Men and women well into their 50s have been called to serve or prevented from leaving the system. The law says 18 months. The reality is a lifetime of forced service.
How the System Works
Conscription begins at the age of 17 or 18. All students in their final year of secondary school are sent to Sawa military training camp in the western lowlands. At Sawa, they complete their final year of schooling alongside military training. The conditions at Sawa are harsh. The camp is in a hot, remote area. Discipline is strict. Punishment for minor offences includes beatings and stress positions.[3]
After Sawa, conscripts are assigned to their duties. Some are kept in the military. Others are assigned to government work. This can include construction, road building, agriculture, mining, or teaching. The government decides where each person goes. Conscripts have no choice. They cannot refuse an assignment. They cannot request a transfer. Moreover, they cannot resign or quit.
The pay is extremely low. Conscripts receive about 500 Eritrean Nakfa per month. This is roughly $30 at the official exchange rate, though the real value is even lower because of inflation. This amount is not enough to support a family or even to cover basic personal needs. Many conscripts describe the pay as "pocket money" rather than a real salary.
What Daily Life Looks Like for Conscripts
Daily life in Eritrea national service depends on the assignment. Military conscripts live in barracks and follow military routines. They cannot leave their assigned area without permission. If they leave without authorisation, they are treated as deserters and face arrest, detention, and torture. This strict control extends to every part of life.[4]
Conscripts assigned to civilian work still live under military discipline. They may work on construction sites, farms, or in government offices. But they cannot choose their work hours. They cannot negotiate their pay. They cannot leave to take a private job. Furthermore, they need permission to travel, to marry, and even to visit family in other parts of the country.
Female conscripts face additional dangers. Sexual exploitation by military commanders is widespread and well documented. The UN Commission of Inquiry found that female conscripts are routinely subjected to sexual violence. Women who resist face punishment. Those who become pregnant as a result may be demobilised but receive no support. Moreover, the stigma attached to returning home pregnant outside of marriage makes their situation even harder.[5]
The psychological impact of indefinite service is severe. Many conscripts describe feelings of hopelessness. They cannot plan for the future because they do not know when their service will end. They cannot start a business, pursue education, or build a family life. As a result, many young Eritreans see leaving the country as the only option. This is one of the main reasons why hundreds of thousands of Eritreans have fled the country.
| Feature | Detail |
|---|---|
| Legal basis | Proclamation No. 82/1995 |
| Legal duration | 18 months (6 months military + 12 months active) |
| Actual duration | Indefinite since 1998 (many serve 20+ years) |
| Age of conscription | 17-18 (final year of school at Sawa) |
| Who must serve | All citizens aged 18-40 (in practice, up to 120+) |
| Monthly pay | ~500 Nakfa (~$30 USD) |
| Types of work | Military, construction, farming, mining, teaching, government administration |
| Can you refuse? | No. Refusal or evasion leads to arrest and detention |
| Can you leave? | No. Desertion is punished with detention and torture |
| Extension mechanism | Warsai Yekalo Development Campaign (presidential decree, 2002) |
Economic Impact on Families and the Country
Eritrea national service has a devastating impact on the economy and on family life. Because most working-age adults are trapped in national service, the private sector barely exists. There are very few private businesses. Most economic activity is controlled by the government or the military. Families that depend on a conscript's income are left in poverty because the pay is so low.[6]
Many families survive only because of remittances sent by relatives who have fled the country. The Eritrean diaspora sends money back to support parents, siblings, and spouses. However, the government also taxes these remittances through the "2% diaspora tax." Eritreans living abroad must pay 2% of their income to the Eritrean government. If they refuse, their families in Eritrea may face punishment. Furthermore, the government uses this money to fund its military and security apparatus.
The economic consequences extend to the entire country. Because the most productive members of society are working for near-zero wages in government projects, Eritrea's economy remains extremely underdeveloped. There is very little foreign investment. Unemployment in the formal private sector is extremely high because the formal private sector barely exists. The World Bank and other organisations have noted that the Eritrea national service system is a major barrier to economic development.
UNHCR Guidance and Eritrea National Service
UNHCR has recognised Eritrea national service as a basis for international protection. In its eligibility guidelines, UNHCR states that the indefinite and exploitative nature of the service means that people who evade or desert may qualify as refugees. The punishment for evasion or desertion is disproportionately severe. It includes detention, torture, and forced labour under even harsher conditions.[7]
UNHCR's position is that the national service programme, as it operates in practice, violates international labour standards. The International Labour Organization (ILO) has also expressed concern. Moreover, the human rights violations associated with the system go beyond forced labour. They include arbitrary detention, torture, sexual violence, and restrictions on freedom of movement.
Eritrean asylum seekers who have deserted from, or evaded, national/military service may be in need of international refugee protection on the basis of a well-founded fear of persecution for one or more Convention grounds.
UNHCR, 'Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Eritrea,' April 2011
Key Case Law on Eritrea National Service
Several important court decisions have shaped how asylum claims based on Eritrea national service are assessed. In the UK, the leading case is MST and Others (national service - risk categories) Eritrea [2019] UKUT 241 (IAC). This decision established that people who are of draft age and who have not completed national service face a real risk of persecution on return. The Upper Tribunal accepted that the punishment for evasion or desertion is severe enough to amount to persecution.[8]
The Court of Justice of the European Union (CJEU) also addressed national service in the context of Eritrea. In case C-238/19, the court examined whether indefinite military service can constitute persecution under the EU Qualification Directive. The court confirmed that disproportionately severe punishment for desertion can amount to persecution, particularly when the service itself violates fundamental rights.[9]
In the US, immigration courts have also recognised Eritrea national service as a basis for asylum. The key question is whether the punishment the applicant would face on return constitutes persecution "on account of" a protected ground. Courts have found that draft evaders may be perceived as political opponents by the Eritrean government, establishing the required link to political opinion.
Implications for Asylum Claims
For asylum applicants, Eritrea national service raises several important issues. First, anyone who has evaded or deserted from the service faces a real risk of severe punishment on return. This punishment includes detention, torture, and forced return to service under even worse conditions. Second, the indefinite nature of the service, combined with the extremely low pay, amounts to forced labour. Third, the sexual exploitation of female conscripts adds an additional ground for claims by women.[10]
To succeed in an asylum claim based on national service, applicants should provide detailed evidence about their personal circumstances. This includes when they were conscripted, where they served, how long they served, and why they left. Additionally, country condition evidence from the UN, Human Rights Watch, and other sources should be submitted to show the systematic nature of the abuses. An expert witness can explain how the general conditions apply to the specific case.
Key Point for Asylum Applicants: If you left Eritrea to avoid national service, or if you deserted, you may qualify for refugee protection. UNHCR, UK courts, and EU courts have all accepted that the indefinite and abusive nature of Eritrea national service can amount to persecution. Gathering detailed evidence about your personal experience and obtaining expert country evidence are essential steps.
Conclusion
Eritrea national service is not normal military service. It is an indefinite system of forced labour that traps hundreds of thousands of people. The law says 18 months. The reality is 20 years or more. Conscripts are paid almost nothing. They cannot choose their work. They cannot leave. Women face sexual violence. Anyone who tries to escape faces detention and torture.
The UN called this system enslavement. UNHCR recognises it as grounds for refugee protection. Courts in the UK, the EU, and the US have accepted that the punishment for evasion or desertion amounts to persecution. Consequently, asylum claims based on Eritrea national service are among the strongest claims from the region. If you are preparing such a claim, thorough documentation and a qualified expert witness report can make a significant difference in the outcome of your case.
Footnotes
- UN Human Rights Council, 'Report of the Detailed Findings of the Commission of Inquiry on Human Rights in Eritrea' (A/HRC/32/CRP.1, June 2016), paras 55-80 (national service as enslavement)
- Proclamation on National Service No. 82/1995 (Eritrea), Arts 8-20
- Human Rights Watch, 'Service for Life: State Repression and Indefinite Conscription in Eritrea' (April 2009), pp 30-45
- UN Commission of Inquiry on Human Rights in Eritrea (A/HRC/29/CRP.1, June 2015), paras 370-410 (conditions of service)
- UN Commission of Inquiry on Human Rights in Eritrea (A/HRC/32/CRP.1, June 2016), paras 55-70 (sexual violence against female conscripts)
- International Crisis Group, 'Eritrea: Ending the Exodus?' (Africa Briefing No. 100, August 2014), pp 5-10
- UNHCR, 'UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Eritrea' (April 2011), section III.A.3
- MST and Others (national service - risk categories) Eritrea [2019] UKUT 241 (IAC), headnote and paras 380-420
- CJEU, Case C-238/19, EZ v Bundesrepublik Deutschland [2020], paras 30-45
- UK Home Office, 'Country Policy and Information Note: Eritrea — National Service and Illegal Exit' (version 7.0, 2024)
Sources
- UN Human Rights Council, Commission of Inquiry on Human Rights in Eritrea: Reports and Detailed Findings, 2015-2016
- Human Rights Watch, Service for Life: State Repression and Indefinite Conscription in Eritrea, 2009
- UNHCR, Eligibility Guidelines: Eritrea, 2011
- UK Upper Tribunal, MST and Others (national service - risk categories) Eritrea [2019] UKUT 241 (IAC)
- UK Home Office, Country Policy and Information Note: Eritrea — National Service and Illegal Exit, 2024
- International Crisis Group, Eritrea: Reports and Briefings, 2014-2024
- Amnesty International, Eritrea Country Page, 2024
- Human Rights Watch, World Report 2024: Eritrea, 2024
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