Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ethiopia (Ratification: 1963)

The Committee notes the observations submitted by the International Trade Union Confederation (ITUC), in a communication received on 31 August 2016, which refer to issues pending before this Committee together with allegations of anti-union discrimination, as well as the Government’s comments thereon.

In its previous comments, the Committee had welcomed the Joint Statement on the Working Visit of the ILO Mission to Ethiopia, which was signed in May 2013 by the Minister of Labour and Social Affairs, on behalf of the Government, and by the Director of the International Labour Standards Department, on behalf of the International Labour Organization, as it represented a significant step towards resolving long-standing issues in line with the provisions of the Convention. The Committee also takes note of the outcome of two ILO missions in the country (March 2015 and September 2016) highlighting the availability of the technical assistance of the Office to address the necessary reforms.

Articles 1–4 of the Convention. Labour Proclamation (2003). In its previous comments, the Committee trusted that the necessary measures would be taken without delay, and in full consultation with the social partners, to amend the Proclamation as follows: section 3 (need to ensure that several categories of workers excluded from the scope of application of the Proclamation enjoy the rights afforded by the Convention); need for specific provisions coupled with effective and sufficiently dissuasive sanctions providing for protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration; and section 130(6) (need to ensure that it is up to the parties to decide on the moment when the collective agreement becomes inapplicable after the date of expiry). Referring to its previous comments and the Government’s commitment to expedite the process for the submission of the relevant amendments to Parliament, the Committee notes with regret that the information before it does not show progress in this respect. The Committee firmly expects that the necessary measures will be taken by the Government without delay, and in full consultation with the social partners, to amend the Labour Proclamation in line with the Convention. It requests the Government to provide detailed information in its next report on any progress made in this respect.

Regulation concerning employment relations established by religious or charity organizations. The Committee takes note of the adoption of the Council of Ministers Regulation (No. 341/2015) of March 2015 on employment relations established by religious or charity organizations. The Committee requests the Government to transmit a complete version of the document.

Article 6. Public servants not engaged in the administration of the State. In its previous comments, the Committee, in view of the ongoing comprehensive civil service reform, firmly expected that, while pursuing the reform, the right to bargain collectively would be granted to public servants not engaged in the administration of the State, including teachers in public schools. The Committee notes that the Government merely reiterates its commitment to address the issue in the ongoing civil service reform. Noting that the reform has not been achieved yet, the Committee firmly expects that the Government will increase its efforts and take the necessary steps to ensure that the right to bargain collectively is granted to public servants not engaged in the administration of the State – including teachers in public schools.

Recalling that it may continue to avail itself of the technical assistance of the Office, the Committee firmly expects that the Government will make every effort to take the necessary action so that the legislation and practice is brought into full conformity with the provisions of the Convention.