Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that the Government merely reiterates its previous statement that the issue of sexual harassment is being considered in the ongoing process of amending the Labour Proclamation and only adds that efforts are being made to enforce existing provisions of relevant laws which directly or indirectly prohibit sexual harassment. The Committee recalls that neither the Labour Proclamation nor the Federal Civil Servants Proclamation address sexual harassment, and that the employer’s responsibility under section 6(1)(d) of the Right to Employment of Persons with Disability Proclamation (No. 568/2008) is limited to protecting women with disabilities from sexual violence that occurs in the workplace and to taking administrative measures against the perpetrator of the acts of violence. The Committee notes that the Criminal Code only addresses sexual assaults, including sexual violence, and immoral acts. In this respect, the Committee recalls that a provision limited to sexual violence is insufficient to address fully sexual harassment in the context of employment and occupation, because sexual harassment includes a much broader range of behaviour. The Committee once again asks the Government to take appropriate steps to define and prohibit in law both quid pro quo and hostile environment sexual harassment in the context of employment and occupation for all men and women. It also asks the Government to provide information on any practical measures taken to address sexual harassment in employment and occupation, including awareness raising for workers, employers and their respective organizations.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee recalls that the Right to Employment of Persons with Disability Proclamation (No. 568/2008) and the Federal Civil Servants Proclamation (No. 515/2006) prohibit discrimination against jobseekers, workers and civil servants on the ground of disability, and provide for positive measures in favour of persons with disabilities. The Committee welcomes the adoption of the National Plan of Action of Persons with Disabilities (2012–21) which includes among its objectives the “provision of the best education and vocational training” and the creation of work and employment opportunities. According to this Plan, it is estimated that only 2.3 per cent of children with disabilities attend school and the objective is to increase this number by 70 per cent, with emphasis on girls with disabilities, and to increase by 90 per cent the number of trainees with disabilities in technical and vocational education and training (TVET) institutions. In this respect, the Committee notes that, in its concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) expressed concern that no policy exists to enable students with disabilities to effectively access education, especially for girls with disabilities, and recommended that Ethiopia adopt and implement a comprehensive strategy with a roadmap towards inclusive and quality education, eliminating gender disparities and ensuring equal access to all levels of education (CRPD/C/ETH/CO/1, 4 November 2016, paragraphs 51–52). With respect to employment, the Committee notes that the National Plan of Action provides for a whole range of measures, including awareness raising for public and private sector employers; the provision of technical advisory services and tax incentives; the dissemination of the ILO Code of Practice on Managing Disability in the Workplace in the various national languages; equal access to credit and banking services; and the creation of a registration system for persons with disabilities. The Committee notes the Government’s indication that emphasis has been placed on raising awareness of the content and the implementation measures of Proclamation No. 568/2008, and that several training programmes have been conducted in this respect. The Committee further notes that the CPRD expressed concern that the rate of employment of persons with disabilities is very low, which increases the risk of poverty and segregation, and also at the absence of affirmative measures to enhance the employment of persons with disabilities, both in the public and private sectors (CRPD/C/ETH/CO/1, paragraph 59). The Committee notes from the Government’s report that there are no cases of discrimination based on disability before the courts and that no information is available on affirmative action measures. The Committee asks the Government to provide information on the steps taken to implement the National Plan of Action of Persons with Disabilities (2012–21) and Proclamation No. 568/2008, including any affirmative action measures taken or envisaged and the results obtained in the fields of education, vocational training, employment and occupation. The Committee also asks the Government to provide information on any case of discrimination based on disability detected and addressed by the labour inspectorate and any cases brought before the courts, including the sanctions imposed.

Real or perceived HIV status. Recalling the HIV and AIDS Recommendation, 2010 (No. 200), in particular its provisions on discrimination and the promotion of equality of opportunity and treatment, the Committee reiterates its request for information on the application of section 13(1) of the Federal Civil Servants Proclamation, which prohibits discrimination based on HIV/AIDS among jobseekers and civil servants in filling vacancies, in particular with respect to cases involving allegations of such discrimination and their outcome. The Government is also asked to indicate whether it is envisaged that real or perceived HIV status will be included in the list of prohibited grounds of discrimination in section 14(1)(f) of the Labour Proclamation.

Article 2. Equality of opportunity and treatment between women and men. Education and training. The Committee notes from the statistics provided by the Government that, in 2013–14, girls represented only 30 per cent of students in higher education (28.5 per cent in 2009–10), 47.1 per cent in secondary schools (41.8 per cent in 2009–10) and 47.5 per cent in primary schools (47.3 per cent in 2009–10). While noting the positive evolution over the past five years, the Committee once again asks the Government to provide information on any policies, or studies and surveys conducted to address the unequal access of women to training and education at all levels, and to provide information on the results achieved through such measures.

Equality of opportunity and treatment between women and men in the public service. The Committee notes from the statistics provided by the Government that women are still under-represented in the public service (between 35 and 40 per cent) and are concentrated in certain fields of work, such as education and health. The Committee asks the Government to provide information on any concrete measures taken to promote women’s access to a wider range of jobs, including occupations with career opportunities and jobs traditionally performed by men, and to encourage their participation in a wide range of vocational and technical training and fields of study. The Committee further asks the Government to provide information on the impact of these measures on gender segregation in the public service.

Enforcement. Noting that the report does not contain any information in this respect, the Committee once again asks the Government to provide information on any judicial decisions concerning discrimination in employment and occupation and cases of infringements reported to or detected by the labour inspection services, as well as the remedies provided or sanctions imposed.