Observation (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. Prohibited grounds of discrimination. Legislation. The Committee recalls the absence of explicit legislative protection against discrimination in all aspects of employment and occupation on the grounds of colour, social origin and national extraction in both the Labour Proclamation (No. 377/2003) and the Federal Civil Service Proclamation (No. 515/2007). The Committee also recalls that, in accordance with section 26(2) of the Labour Proclamation, the following grounds shall not be deemed to constitute legitimate grounds for termination of the employment contract: trade union membership or activities, nationality, sex, religion, political outlook, marital status, race, colour, family responsibility, pregnancy, lineage or social status. The Committee notes that the Government reiterates that it considers that the grounds of social origin and national extraction are substantially covered by the expression “any other conditions” or “any other grounds”, used respectively in section 14(1)(f) of the Labour Proclamation, and section 13(1) of the Federal Civil Service Proclamation. While acknowledging the Government’s view, and given the persisting patterns of discrimination on the grounds set out in the Convention the Committee wishes to draw the Government’s attention to the need for comprehensive legislation containing explicit provisions defining and prohibiting direct and indirect discrimination on at least all of those grounds, and in all aspects of employment and occupation, in order to enable workers to avail themselves of their right to non-discrimination, and to ensure the full and effective application of the Convention. The Committee therefore once again asks the Government to take concrete steps to amend the Federal Civil Service Proclamation No. 515/2007 and the Labour Proclamation No. 377/2003 in the context of its current revision, with a view to specifying colour, social origin and national extraction as prohibited grounds of discrimination and to ensure that discrimination is prohibited in all aspects of employment and occupation on the basis of all the grounds enumerated in the Convention. The Committee trusts that the Government will soon be in a position to report progress in this regard.

Scope of application. The Committee notes the Government’s indication that the issue of amending the Labour Proclamation to provide explicitly that workers and candidates for employment are protected against discrimination is still under consideration. The Committee urges the Government to take steps to ensure that not only workers but also candidates for employment are explicitly protected against discrimination in all aspects of employment and occupation, and asks the Government to provide information on any progress made in this regard.

Equality of opportunity and treatment irrespective of race and colour. Indigenous communities. Further to its request for information on the situation of pastoralists, the Committee notes the Government’s general indication that it has been taking steps to develop pastoralist communities, such as establishing infrastructures, launching mega projects, establishing mobile schools and training centres for pastoralists. The Government further indicates that it usually undertakes prior consultation with concerned parts of the community in areas where large-scale farming and other projects are going to take place, by raising awareness of these projects and allowing the communities affected to participate actively in the implementation process. The Committee notes that in 2013, the United Nations Special Rapporteur on the Rights of Indigenous Peoples had expressed concerns at some resettlements as part of the “Villagization” Programme and the situation of indigenous agro-pastoralists. The Special Rapporteur had noted in particular that, based on the information received and on other reliable sources, there were strong indications that the indigenous agro-pastoralists affected by the resettlements had been living in the lower Omo Valley area for many years, maintaining their culturally distinctive land tenure and way of life, including their traditional flood retreat agriculture practice (A/HRC/24/41/Add. 4, 2 September 2013, paragraphs 84–86). The Committee recalls that one of the main issues faced by indigenous peoples relates to the lack of recognition of their rights to land, territories and resources, undermining their right to engage in traditional occupations and that steps should be taken to ensure equality of opportunity and treatment of indigenous peoples in employment and occupation, including the right to engage without discrimination in traditional occupations and livelihoods. Recognition of the ownership and possession of the lands they traditionally occupy and access to their communal lands and natural resources for traditional activities is essential. Access to credit, marketing facilities, agricultural extension and skills-training facilities should also be provided on an equal footing with other parts of the population (see General Survey of 2012 on the fundamental Conventions, paragraph 768). With a view to achieving equal opportunity and treatment of indigenous communities with the rest of the population with respect to employment and occupation, in particular traditional occupations, the Committee asks the Government to ensure that due consideration is given to the land-based pastoralists’ livelihood and way of life in establishing and implementing the national policy and planning frameworks, including in the context of the programmes undertaken to develop pastoralist communities, taking into consideration their specific needs. The Committee asks the Government to provide information on the steps taken in cooperation with pastoralist communities to assess their ability to pursue their traditional activities, in particular with respect to their traditional land rights, and the results of such steps.

Follow-up to the recommendations of the Tripartite Committee (representation made under article 24 of the ILO Constitution). The Committee recalls that the final award of damages in respect of claims made was determined on 17 August 2009. The Committee notes that the Government reiterates its previous statement that since the Eritrean Government has not yet settled the payment to Ethiopian workers, the final award has not yet been enforced. Recalling that 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 once again asks the Government to identify the steps taken or envisaged to grant actual relief or remedies 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.