Observation (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Ethiopie (Ratification: 1963)

1. With reference to its previous comments, the Committee notes the information supplied by the Government in its last reports and, in particular, that the draft Labour Code is currently being completed in the light of the Committee's comments and that in the near future it is due to be submitted to the "National Shengo".

2. The Committee recalls that the discrepancies between the legislation and the Convention concerned the following points:

- the organisation of workers and peasants into a single trade union system (sections 6, 9 (4), (5) and (11) of Proclamation No. 222 respecting trade unions, and sections 9, 10 (3), 29 and 30 of Proclamation No. 223 respecting the consolidation of peasants' organisations);

- the obligation upon workers' trade unions and peasants' associations to disseminate among workers the Government's development plans and Marxist-Leninist theory, and to apply the political and economic directives of the higher authorities (section 5 of Proclamation No. 222 and sections 6 (3), 15 (4) and 22 (4) of Proclamation No. 223);

- the formulation of the rules of workers' organisations and peasants' associations by the higher trade union organisations referred to by name in the legislation, namely: the All-Ethiopia Trade Union (section 6 (7) of Proclamation No. 222) for workers' trade unions, and the All Ethiopia Peasants' Association (section 30 (6) of Proclamation No. 223) for peasants' associations;

- the right of affiliation to international organisations, which is reserved to the All-Ethiopia Trade Union (section 6 (6) of Proclamation No. 222);

- restrictions on the right to strike (sections 99 (3) and 106 of the Labour Proclamation of 1975);

- the non-recognition of trade union rights for public servants and domestic personnel;

- the right of employers to establish employers' organisations in accordance with the principles set forth in the Convention. (Proclamation No. 148 of 1978 on the Chamber of Commerce entrusts employers' organisations with the implementation of the revolutionary programme and lays down that the Secretary-General of the National Chamber of Commerce is appointed by the responsible Minister).

Single trade union system set forth by law

(a) For several years, the Committee noted that Proclamation No. 222 imposed upon workers a system of organisation which, at the highest level, resulted in the creation of an expressly designated single national trade union, namely the All-Ethiopia Trade Union (AETU), by obliging base-level trade unions to conform to the rules formulated by the AETU and by subordinating trade union bodies to ideological and economic policies. It requested the Government to amend the legislation in order to safeguard the right of workers to establish trade union organisations of their own choosing outside the existing trade union structure.

According to the information supplied by the Governement, the system of trade union organisation that is currently in force is a result of the common will of the workers. However, in accordance with section 47 of the Constitution, which guarantees the right of association, the Government states that it is prepared to envisage amending the legislation in the light of the Committee's comments.

The Committee notes these statements and points out that the principle of workers' freedom of choice of their organisations, as set forth in Article 2 of the Convention, does not imply an expression of support for the idea of trade union unity or for trade union pluralism. It means that pluralism must remain possible under the legislation. Furthermore, it wishes once again to emphasise that where a single trade union system implies that the trade union organisations are to conform to the rules formulated by the single national trade union, to disseminate Marxist-Leninist theory and to apply the Government's economic and political directives, workers' organisations do not have the right to organise their administration and activities and to formulate their programmes without interference from the public authorities (Article 3 of the Convention).

The Committee requests the Government to indicate in its next report the measures that have been taken to bring the legislation into conformity with the Convention.

(b) The Committee made identical comments concerning the peasants' associations established under the terms of Proclamation No. 223.

The Government once again indicates that peasants are either state employees considered as workers under the terms of the Labour Proclamation of 1975 and covered by Proclamation No. 222, or workers associated in co-operatives, who are excluded from the Proclamation of 1975 by virtue of section 1 (27) and are regulated by Proclamation No. 223.

In the Government's opinion, this latter category of peasants are not workers in the sense of Convention No. 87, but come under the Rural Workers' Organisations Convention, No. 141, which Ethiopia has not ratified.

The Committee nevertheless points out that Convention No. 87, in Article 2, covers workers "without distinction whatsoever". This expression in the sense of Convention No. 87 does not refer to the legal status of workers and cannot, in any case, be restricted to the concept of employee as usually understood in national labour legislation, and consequently all workers irrespective of the juridical nature of employment relationship are covered by the Convention. Furthermore, Convention No. 87, by referring to workers' organisations, does not limit the rights set forth in its second Article only to trade unions, but applies to any form of workers' organisations.

In the Committee's opinion, the rural workers covered by Proclamation No. 223 and the associations that are established in conformity with that Proclamation are respectively workers and workers' organisations in the sense of Convention No. 87.

The Committee trusts that the Government will take this interpretation into account and that the above provisions of Proclamation No. 223 will be amended in order to guarantee peasants employed on their own account or grouped in associations, who so wish, the right to establish organisations of their own choosing to further and defend their economic and social interests, outside the existing trade union structure.

International affiliation

With regard to the right to affiliate with international organisations, which is recognised exclusively for the AETU, the Committee understands, from the information supplied, that this provision may be re-examined. The Committee points out that this right must be recognised for all workers' organisations, without distinction, in accordance with Article 5 of the Convention. It requests the Government to indicate the measures that have been taken in order to give effect to the Convention in this respect.

Restrictions on the right to strike

In its previous comments, the Committee noted that sections 99 (3) and 106 of the Labour Proclamation of 1975 could result in practice in a prohibition of the right to strike. According to the information supplied, the Government considers that the right to strike is not restricted by the Constitution and states that specific legislation is envisaged in this connection once the new Labour Code has been adopted.

While noting this statement, the Committee points out that the right to strike is one of the means available to workers' organisations to defend their interests (Article 10 of the Convention) and to formulate their programmes ( Article 3 of the Convention) and cannot be restricted, following mediation and conciliation procedures, except in the case of public servants acting in their capacity as agents of the public authority, or in essential services in the strict sense of the term, namely services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis (see, in this connection, paragraphs 214 and 226 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee requests the Government to indicate the measures that have been taken in order to modify the legislation.

The trade union rights of public servants and domestic personnel

In its previous observations, the Committee noted that distinct practical measures would be taken to recognise the trade union rights of public servants and domestic personnel once the new labour legislation had been adopted.

Noting that the formulation of the new labour legislation is being completed, the Committee trusts that the measures that have been announced concerning these workers will be adopted in the near future and requests the Government to supply information on the progress achieved in this respect.

The right to organise of employers

In its previous observations, the Committee noted that employers' organisations established by virtue of Proclamation No. 148 of 1978 on the Chamber of Commerce were not employers' organisations in the sense of the Convention, that is organisations for furthering and defending the interests of employers without interference by the public authorities.

The Committee notes, from the information supplied by the Government, that a draft Proclamation respecting chambers of commerce has been submitted to the Council of Ministers.

The Committee requests the Government to indicate the measures that have been taken to guarantee employers the right to organise in organisations of their own choosing, without interference from the public authorities, and to transmit a copy of the draft Proclamation.