Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Legislation. Grounds of discrimination. For a number of years, the Committee has been raising concerns regarding the absence of legislative protection against discrimination on the grounds of social origin and national extraction, particularly with respect to the Labour Proclamation No. 377/2003 and the Federal Civil Service Proclamation No. 262/2002. The Committee notes the adoption of the Federal Civil Servants Proclamation No. 515/2007. However, the Committee notes that the new Federal Civil Servants Proclamation still does not include social origin or national extraction as prohibited grounds of discrimination. The Committee recalls that where legal provisions are adopted, they should include at least all the grounds of discrimination specified under Article 1(1)(a) of the Convention, and asks the Government to take appropriate measures to amend the Federal Civil Servants Proclamation and the Labour Proclamation, with a view to including social origin and national extraction as prohibited grounds of discrimination.

Scope of application. The Committee had previously noted the importance of amending the Labour Proclamation, with a view to explicitly providing that workers and candidates for employment, including citizens and non-citizens, are protected against discrimination. The Committee notes that the Government generally reiterates reference to provisions of the Constitution and the Labour Proclamation, stating that there is no form of distinction, exclusion or preference in law or in administrative practice, or in practical relationships in employment and occupation, including employment service (whether public or private). The Committee recalls that, for the purpose of achieving the objectives of the Convention, it is important to acknowledge that no society is free from discrimination and that continuous action is required to address it, including the review and revision of laws. The Committee therefore asks the Government to take steps to ensure that workers and candidates for employment, including non-citizens, are protected against discrimination in all aspects of employment and occupation, and to provide information on any progress made in this regard.

Additional grounds of discrimination. The Committee notes with interest the adoption of the Proclamation to provide for the right to employment of persons with disability, No. 568/2008, which prohibits discrimination against persons with disabilities in recruitment, promotion, placement, training, transfer and other employment conditions. The Proclamation also requires preference to be given to workers with disabilities to occupy a vacant post or participate in training, and provides that affirmative action to create equal opportunities for persons with disabilities is not discrimination (sections 4 and 5). It also acknowledges the multiple discrimination faced by women with disabilities, and places specific responsibilities on the employer in this regard (section 6). The right to institute an action for infringement of the provisions of the Proclamation can be brought by those claiming their rights have been violated, by an association of persons with disabilities, the trade union, or at the initiative of the body entrusted to implement the Proclamation (section 10). The Committee also notes that section 13(1) of the Federal Civil Servants Proclamation No. 515/2007 provides that there shall be no discrimination among jobseekers or civil servants in filling vacancies through recruitment, promotion transfer or deployment, including on the grounds of disability and HIV and AIDS. The Committee asks the Government to provide information on the practical application of the Proclamation to provide for the right to employment of persons with disability, including any affirmative action measures taken, and any cases of discrimination brought before the courts. Please also indicate whether a body has yet been established to implement the Proclamation. The Committee also asks the Government to provide any information on the application of section 13(1) of the new Federal Civil Servants Proclamation, in particular with respect to cases alleging discrimination based on disability or HIV and AIDS and the results thereof.

Education and training. The Committee notes the statistical information provided by the Government that the gross enrolment rate for primary education has reached 90.7 per cent for girls and 97.6 per cent for boys, and among the total enrolment in technical and vocational education and training in 2008–09, 50 per cent were girls. The Committee also notes the Government’s indication that the Micro and Small-scale Enterprises Development Policy, Youth Development Package, Women’s Development Package and other measures are in place aimed at employment creation and income generation in particular for youth and women. In this connection, the Committee notes that the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern regarding regional disparities and low enrolment rates of women in general education, as well as in traditionally male dominated fields of technical and vocational education. It called on the Government to take measures to ensure enrolment, retention and completion of women and girls at all levels of education, and to encourage women and girls to choose non-traditional fields of education and careers (CEDAW/C/ETH/CO/6-7, 27 July 2011, paragraphs 30 and 31). Recalling the importance of vocational training and education in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to provide information on the measures taken to address unequal access of women to training and education at all levels, including statistical data on the participation of men and women in the various courses, and the results achieved through such measures. The Committee also requests information on the impact of policies with respect to employment creation and income generation.

Equality of opportunity and treatment irrespective of race and colour. Indigenous communities. The Committee notes the Government’s indication that the development policy and strategy for the pastoral areas is envisioned under short- and long-term perspectives; in the short term the needs of pastoralists will be clearly reflected in all national policy and planning frameworks; in the long term the livelihood of pastoral communities will be stabilized through the facilitation of gradual and voluntary transition toward permanent settlement. The Government also indicates in general terms that so far the results observed in the pastoral areas show the policy and strategy are moving in the right direction in improving the livelihood of the pastoralists. The Committee asks the Government to indicate to what extent consideration is given to the land-based pastoralists’ livelihood and way of life in establishing and implementing the national policy and planning frameworks, with a view to tailoring them to pastoralists’ specific needs. It also asks the Government to indicate how the traditional land rights of pastoralist communities are safeguarded under the national policy, particularly in the context of private land ownership and large-scale industrial farming projects that could be or are being implemented in rural areas. Please also provide any information on the role of the pastoralist communities in the process of development and implementation of the national policy and planning frameworks, as well as the long-term strategy.

Follow-up to the recommendations made by the Tripartite Committee (representation made under article 24 of the ILO Constitution). The Committee recalls its previous comments having noted that the proceedings of the Ethiopia Eritrea Claims Commission were at the phase of determining damages. The Committee also notes that the final award for damages claims was rendered on 17 August 2009, while the Claims Commission, in its decision of 27 July 2007, recognized that each State party had full authority to determine the use and distribution of any damages awarded to it. The Committee further notes the Government’s indication in its latest report that all cases were entertained and the claims were already settled by the Ethiopia–Eritrea Claims Commission. The Committee has not yet, however, received any details regarding whether and, if so, how the award of the Claims Commission of August 2009 has been distributed to benefit individual workers. The Committee therefore asks the Government to provide specific information on the actual relief or remedies granted to the workers displaced following the outbreak of the 1998 border conflict.

The Committee is raising other points in a request addressed directly to the Government.