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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - 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, as well as the Government’s comments thereon. The Committee also notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

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.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish organizations. Teachers. In its previous comments, the Committee, encouraged by the commitment undertaken by the Government in the Joint Statement firmly expected that the National Teachers’ Association (NTA) be promptly and unconditionally registered. Recalling in this respect the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2516 (371st Report, paragraphs 475–481), the Committee notes with regret that the Government, while reaffirming its readiness to register the NTA, indicated that it could not do so as the latter had not fulfilled the necessary requirements. The Committee firmly expects that the Government will finally be able to report progress or related developments in this respect in the near future.

Civil servants and employees of the state administration. 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 organize would first be granted to all civil servants, including teachers in public schools and employees of the state administration, including care workers, judges, prosecutors and managerial workers. 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 organize is granted to all civil servants, including teachers in public schools and employees of the state administration. The Government is urged to continue tripartite discussions in this regard.

Articles 2 and 3. Amendments to the 2003 Labour Proclamation. In its previous comments, the Committee had requested the Government to amend the following sections of the 2003 Labour Proclamation: section 3 (need to guarantee the right to organize of several categories of workers excluded from the scope of application of the Proclamation); sections 136(2), 143(2), 158(3) and 160(1) (restrictions to the right of organizations freely to organize their activities and formulate their programmes); and section 120(1)(c) (need to ensure that the cancellation of the registration of an organization is not based on provisions of the Labour Proclamation identified as restricting the right to organize). 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, with the exception of the proposal under consideration to extend section 3 of the Labour Proclamation to domestic workers and managerial employees. 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 abovementioned provisions of 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.

Recalling that the technical assistance of the Office is available, the Committee firmly expects that the Government will make every effort to take the necessary action so as to bring the legislation and practice into full conformity with the provisions of the Convention.