Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Ethiopia (Ratification: 1966)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which reads as follows.

1. The Committee notes that at its 282nd Session (November 2001), the Governing Body of the ILO approved the report of the tripartite committee set up to examine the representation alleging non-observance by Ethiopia of Conventions Nos. 111 and 158, made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers (NCEW). The complaint concerned allegations of deportations of Ethiopians of Eritrean origin and Eritreans legally established and residing and working in Ethiopia in violation of these Conventions (see GB.282/14/5).

2. The Governing Body concluded that large-scale deportations of persons including workers from Ethiopia to Eritrea and vice versa occurred following the outbreak of the border conflict in May 1998, and noted that expulsion from the country would have the effect of discrimination in employment and occupation, in so far as it was based on a ground prohibited under Convention No. 111 and resulted in loss of employment and related benefits, and was not otherwise permitted under the Convention. The Governing Body pointed out that the substantive and procedural protections set forth in Articles 1 and 4 of the Convention apply to all workers regardless of their nationality or citizenship and concluded that at least some of the deportations constituted discriminatory acts within the meaning of Article 1(1)(a),and did not meet the requirements of Article 4. The Governing Body accordingly decided that, in so far as the expulsions that took place were based on national extraction or political opinion, they constituted violations of these Conventions. It invited the Government of Ethiopia to continue to provide information on the situation of Eritrean workers and employers in Ethiopia in its reports under Conventions Nos. 111 and 158 under article 22 of the ILO Constitution, so that the Committee of Experts can continue to examine this matter (see GB.282/14/5, paragraph 40).

3. This Committee follows the Governing Body in welcoming the fact that the Governments of Ethiopia and Eritrea and their social partners have expressed a desire to reach a peaceful solution to the border dispute between the two countries, reaffirming their acceptance of the OAU framework agreement and modalities for its implementation. The Committee also notes the establishment, under the Algiers Agreement of 12 December 2000, of a claims commission with jurisdiction over claims of deportees and the Governing Body’s view that it would be appropriate for the issues raised in the representation to be dealt with in the claims commission as it has powers to grant monetary and other appropriate relief.

4. Noting that the Government of Ethiopia has reaffirmed its acceptance of the principles enshrined in Conventions Nos. 111 and 158 and its willingness to promote and implement a policy of equality of opportunity and treatment in employment and occupation, the Committee requests the Government to provide in its next report information on: (a) the situation of Eritrean workers and employers in Ethiopia as regards their protection from discrimination based on political opinion and national extraction; (b) the cooperation with the Government of Eritrea and social partners in the operation of the mechanisms created in the Algiers Agreement of 12 December 2000, in particular on claims submitted to the claims commission and any decisions reached by the latter; (c) the measures taken, in line with any decisions which may be taken by the claims commission, to remedy as fully as possible the situation of the displaced workers in accordance with the provisions of Conventions Nos. 111 and 158 and to grant appropriate relief; and (d) the measures taken to provide for an effective right of appeal for those persons who may be accused in future of engaging in activities prejudicial to the security of the State.

The Committee is addressing a request directly to the Government on other points.