Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ethiopia (Ratification: 1963)

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee.

The Committee also notes the comments submitted by the International Trade Union Confederation (ITUC), in a communication dated 31 July 2012, and by Education International (EI), in collaboration with the National Teachers’ Association (NTA), in a communication dated 31 August 2012, which refer to issues pending before this Committee and the Committee on Freedom of Association (CFA) in Case No. 2516 (exclusion of various categories of workers, primarily in the public sector, from the right to form and join trade unions, lack of independent investigations of serious violations of trade unionists’ rights). The Committee notes the latest conclusions and recommendations of the CFA in this case (see 365th Report, November 2012, paragraphs 681–692). It also notes the Government’s reply to the previous comments of the ITUC and EI.

Teachers’ associations. In its previous comments, the Committee had urged the Government to ensure that the NTA is registered without delay so that teachers may fully exercise their right to form organizations for furthering and defending teachers’ occupational interests. The Committee notes with regret that the Government merely reiterates in its report the information it had previously provided to this Committee and to the CFA in Case No. 2516. The Committee notes the latest conclusions and recommendations of the CFA which are relevant in this regard, in particular in relation to the Charities and Societies Proclamation and with regard to the question of the registration of the NTA. While noting that in the past the Government has indicated that, in order to be registered, the NTA should revise its application in accordance with the Charities and Societies Proclamation, the Committee reiterates its comments concerning this Proclamation. Deploring that more than three years after the NTA’s request for registration, this organization is still not registered, the Committee is bound to recall, once again, that the right to official recognition through legal registration is an essential facet of the right to organize, since that is the first step that workers’ or employers’ organizations must take in order to be able to function efficiently, and represent their members adequately. The Committee strongly urges the Government to take all necessary measures to ensure that the appropriate authorities register the NTA without further delay so that teachers may fully exercise their right to form organizations of their own choosing for the furthering and defence of teachers’ occupational interests. It requests the Government to provide information on the concrete steps taken in this regard.

Civil servants and employees of the state administration. In its previous comments, the Committee noted that neither the Labour Proclamation nor the Civil Servant Proclamation was guaranteeing civil servants and employees of the state administration the exercise of their freedom of association rights. The Committee notes with regret that the Government’s report does not indicate that progress has been made in this regard. The Government merely reiterates its previous statement that: (1) the country is under a comprehensive civil service reform programme which will guarantee the rights of all citizens in the country, including civil servants; (2) the right of workers, including civil servants, to form an association is enshrined under article 42 of the Constitution; (3) civil servants can organize under professional associations; and (4) public school teachers are presently enjoying the enabling environment to exercise their constitutional right to form an association, as most have, by being members of the Ethiopian Teachers Association (ETA). In relation to this latter point, the Committee wishes to recall that the right of workers to establish and join organizations of their own choosing in full freedom cannot be said to exist unless such freedom is fully established and respected in law and in practice, and that this implies, in particular, the effective possibility for forming and joining organizations independent of those which already exist in the country. The Committee urges the Government to take, without delay, concrete measures, including in the framework of the civil service reform, in order to fully guarantee the right of civil servants, including teachers in public schools, and employees of the state administration, to establish and join organizations of their own choosing for the promotion and defence of their occupational interests. It requests the Government to provide information on progress made in this respect.

Labour Proclamation (2003)

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations. In its previous comments, the Committee had requested the Government to ensure the right to organize of the following categories of workers who were excluded, by section 3, from the scope of application of the Labour Proclamation: workers whose employment relations arise out of a contract concluded for the purpose of upbringing, treatment, care, rehabilitation, education, training (other than apprenticeship); workers under contract of personal service for non-profit-making purposes; managerial employees; and judges and prosecutors. The Committee notes the Government’s indications that: (1) it is studying the question of this first category of workers, so that these employment relations could be part of the Labour Proclamation; (2) the process of preparing the regulation governing the conditions of work of workers under contract of personal service for non-profit-making purposes has not yet been finalized; (3) it is examining the necessity of setting a regulation to address the working conditions of managerial employees, including the right to form an organization; and (4) the Constitution guarantees the right to organize for any lawful purposes or causes and that, accordingly, judges and prosecutors are able to form associations of their own. The Committee trusts that the necessary measures will be taken, without delay, to ensure that the abovementioned categories of workers enjoy the rights afforded by the Convention, and that the necessary technical assistance of the Office, requested by the Government, will be provided in the near future. It requests the Government to provide information on all progress made in this respect, as well as on any existing organizations of workers in these various sectors.

Article 3. Right of workers’ organizations to organize their activities and formulate their programme. In its previous comments, the Committee had requested the Government to amend the following sections of the Labour Proclamation: section 136(2), concerning the list of essential services in which strike action is prohibited; sections 143(2) and 160(1), concerning conciliation and arbitration procedures; and section 158(3), relating to the quorum and majority required to initiate a strike. The Committee notes the Government’s indication concerning the list of essential services that it may not be very far from considering the issue. It also notes the Government’s indications in relation to the intention behind sections 143(2) and 160(1), as well as its remarks concerning the required quorum and majority established in section 158(3). The Committee expresses the hope that the necessary measures will be taken, without delay, and in full consultation with the social partners, to amend the abovementioned sections of the Labour Proclamation, to bring it into conformity with the principles that the Committee has been recalling in its previous comments. It requests the Government to provide information on all progress made in this respect.

Cancellation of registration (section 120 of the Labour Proclamation). The Committee notes the Government’s indication that the cancellation of registration of an organization (which used to be an administrative measure) is now a decision taken by the competent court, to which the matter is referred by the ministry. The Committee once again requests the Government to ensure that the provisions of the Labour Proclamation which, as noted above, restrict the right of workers to organize their activities, are not invoked to cancel an organization’s registration pursuant to section 120(1)(c) until they have been brought into conformity with the provisions of the Convention.

The Committee once again requests the Government to take the necessary measures, without delay, to bring the legislation and practice into full conformity with the Convention, and to provide detailed information in its next report on the progress made thereon, as well as on the time frame for such action. The Committee encourages the Government to seek technical assistance from the Office on all the issues raised in its comments.