Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its report, the Government indicates that both, the Labour Proclamation No. 1156/2019 and the Federal Civil Service Proclamation No. 1064/2017, introduce provisions prohibiting sexual harassment in the workplace. The Committee notes that the Labour Proclamation: (1) defines sexual harassment as persuading or convincing another through utterances, signs or any other manner, to submit to a sexual favour without his/her consent (section 2(11)); (2) prohibits an employer, a managerial employee or a worker to commit sexual harassment at the workplace (section 14); (3) gives the right to a worker to terminate their contract without a notice period when they are victim of sexual harassment by the employer or a managerial employee (section 32(1)(b)); and (4) provides that the worker who resigned because they were subjected to sexual harassment by the employer, a managerial employer or a co-worker, shall have the right to a severance pay (section 39(d)(1)). The Committee further notes that the Federal Civil Servants Proclamation: (1) defines sexual harassment as “unwelcome sexual advance or request or other verbal or physical conduct of a sexual nature” which includes: a) unwelcome physical contact; b) following or blocking the person’s path in a sexual manner; c) making a sexual favour a prerequisite for employment, promotion or other advantages (section 2(13)); and (2) provides that “rigorous disciplinary penalties” may be imposed in the event of sexual harassment by a disciplinary committee (section 70(13)). While it welcomes the introduction of legal provisions defining and prohibiting sexual harassment at work, the Committee notes that both the Labour Proclamation and the Federal Civil Servants Proclamation only address the quid pro quo element of sexual harassment and not the “hostile environment” element (i.e. conduct that creates an intimidating, hostile or humiliating working environment for the recipient; for instance, the showing of pornographic materials at a place of work, making sexual jokes or remarks, etc.). It also recalls that legislation under which the sole redress available to victims of sexual harassment is termination of the employment relationship, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment, since it in fact punishes them and could dissuade victims from seeking redress (see the General Survey of 2012, paragraph 792 and the General Survey of 2023 on Gender equality and non-discrimination, family responsibilities, and maternity protection, paragraphs 211–212). The Committee further notes the Government’s indication that it has undertaken training sessions for labour inspectors, trade union leaders and employers. However, the Committee notes from the concluding observations of the United Nations Committee for the Elimination of Discrimination Against Women (CEDAW), the concerns about the prejudice, discrimination and sexual harassment against women in the workplace (CEDAW/C/ETH/CO/8, 14 March 2019, paragraph 35). The Committee requests the Government to continue 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 and the impact of these measures. The Committee further asks the Government to provide information on: (i) the measures taken to ensure that the Labour Proclamation and the Federal Civil Service Proclamation not only prohibit quid pro quo sexual harassment but also prohibit hostile environment sexual harassment in the context of employment and occupation for all men and women; and (ii) the number, nature and outcome of any cases of sexual harassment examined by the labour inspectorate or the courts.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes with interest, that the Labour Proclamation No.1156/2019 added the ground of disability as a prohibited ground of discrimination in employment and occupation. The Committee further notes, from the Government’s report to the United Nations Committee on the Rights of Persons with Disabilities (CRPD) that: (1) the Civil Service Commission is following up the implementation of employment laws to ensure the employment rights of persons with disabilities in the public sector; (2) in 2023, there were 5,564 employees with a disability in the federal public service, an increase compared to 2016 where there were 711 (19.6 per cent) male employees and 471 (24.3 per cent) female employees; (3) awareness raising training programmes are conducted on the rights contained in the Employment of Persons with Disability Proclamation No. 568/2008, for better implementation of reasonable accommodations in employment; and (4) the Attorney General has recently conducted an assessment on the implementation of employment rights of persons with disabilities in Ethiopia and the findings are expected to be released in the near future (CRPD/C/ETH/2-3, 9 January 2023, paragraph 50). Despite taking due note of the Government’s efforts, the Committee notes, from the UNICEF briefing note “Situation and Access to Services of Persons with Disabilities in Addis Ababa”, 2019, that, among children aged 7 to 18 years: (1) 13 per cent of children with a disability in Addis Ababa never attended school, compared with 3 per cent of non-disabled children; (2) 24 per cent of children with a disability in other urban areas have never attended school, compared with 7 per cent of non-disabled children; and (3) 46 per cent of children with a disability in rural areas have never attended school, compared with 24 per cent of non-disabled children. Recalling that an important objective of the National Plan of Action of Persons with Disabilities (2012–21) was to increase participation of persons with disabilities in education, training and employment, the Committee once again asks the Government to provide information on the measures taken for its implementation, 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. The Committee notes with interest the Government’s indication that the Labour Proclamation No.1156/2019 was amended to explicitly include the ground of HIV/AIDS status as a prohibited ground of discrimination in employment and occupation, including in the recruitment process (sections 2(15) and 14(f)). The Committee requests the Government to provide information on the application in practice of section 14(f) of the Labour Proclamation and section 13(1) of the Federal Civil Servants Proclamation, which prohibit discrimination based on HIV/AIDS in employment and occupation, in particular with respect to the number of cases involving allegations of such discrimination and their outcome.

Article 2. Equality of opportunity and treatment between women and men. Education and training. The Committee notes the Government’s indication that, in 2018, the gross enrolment rate (defined as the ratio of total enrolment, regardless of age, to the population of the age group that officially corresponds to the level of education shown) was 43.41 per cent for girls and 46.21 per cent for boys at the secondary school level. The Government further states that: (1) the National Education and Training Policy which was revised and launched in February 2023 seeks to ensure the provision of quality and relevant education and training for all citizens; (2) one of the objectives of the National Technical and Vocational Training (TVET) Strategy is to empower women and people living in rural areas through skill development and ensure equal access of women and people with special needs to TVET; and (3) as a result of the policies and strategies in place, in 2018, the total enrolment in TVET was 292,378 persons and 50.8 per cent of the students were women. The Committee notes however, from the concluding observations of the United Nations Committee for the Elimination of Discrimination Against Women (CEDAW), the concerns about: (1) the high dropout rate of girls at the primary school level (10 per cent) and the fact that the completion rate for girls lags behind that of boys (grade 8 completion rate is 50.9 per cent for girls and 51.8 per cent for boys); (2) the fact that schools infrastructures do not sufficiently take into account the needs of girls (e.g. clean and separate sanitation facilities for girls and boys); (3) the continued high levels of illiteracy among women compared with men; (4) the persistence of discriminatory gender stereotypes that perpetuate the domination of men in the fields of science, technology, engineering and mathematics; and (5) sexual harassment, abuse and gender-based discrimination in schools, including by school authorities (CEDAW/C/ETH/CO/8, 14 March 2019, paragraph 33). The Committee requests the Government to pursue its efforts to increase the participation of girls and women in education, vocational training and employment and to provide information on the results achieved. It also requests the Government to provide information on: (i) the measures taken, and results achieved, in the implementation of the National Education and Training Policy and the TVET Strategy; (ii) any studies or surveys conducted to understand and address the unequal access of women to training and education at all levels, and any follow-up measures taken or envisaged as a result; and (iii) any awareness-raising measures taken or envisaged to combat the discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and in society.

Equality of opportunity and treatment between women and men in the public service. The Committee recalls that women were previously found to be underrepresented in the public service (between 35 and 40 per cent) and are concentrated in certain fields of work, such as education and health. It notes that: (1) under section 48(1) of the new Federal Civil Servants Proclamation all Government institution shall take affirmative actions that enable female servants to improve their competence and to assume decision making positions; and (2) section 48(2) provides that women are entitled to affirmative actions in recruitment, promotion, transfer, redeployment, education and training. The Committee further notes, from the concluding observations of the CEDAW, that measures were taken to increase the participation of women, including in the Parliament, and improve gender parity in the Cabinet through the appointment of the first female President, as well as the appointment of women as President of the Federal Supreme Court and Chair of the National Electoral Board. However, the CEDAW also expressed concern over the fact that women are still underrepresented in permanent positions of the civil service, managerial positions and in the diplomatic and the judicial service (CEDAW/C/ETH/CO/8, paragraph 27). The Committee requests the Government to pursue its efforts and to provide information on: (i) 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 studies; and (ii) the impact of these measures on gender segregation in the public service.

Article 5. Special measures of protection. Restrictions on the employment of women. The Committee notes the Government’s indication that there are provisions to protect women from engaging in hazardous types of work that may affect their health and reproductive conditions. More specifically, the Committee notes that section 87(3) of the Labour Proclamation prohibits the engagement of women on types of works, listed by the Ministry, that are particularly dangerous to their health. The Government states that a directive prescribing the types of work that are prohibited to women was recently adopted. The Committee recalls that any restrictions on the employment of women must be strictly limited to maternity protection in the strict sense and that protective measures which are based on stereotypes regarding women’s professional aptitudes and role in society are in violation of the principle of equality of opportunity and treatment between men and women in employment and occupation. The Committee also emphasizes that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health and that, when examining the possibility of repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men (see the General Survey of 2012, 2012, paragraph 840 and the General Survey of 2023 paragraphs 83–93). The Committee requests the Government to provide a copy of the directive listing the types of hazardous activities prohibited to women, and to indicate how it is ensured that any protective measures regarding women’s employment are strictly limited to maternity protection.

Enforcement. The Committee notes the Government’s indication that the implementation of the Convention is supervised by the labour inspectorate through regular or ad hoc inspections, and that the courts are competent to examine cases of violations brought before them by plaintiffs. The Government further indicates that no decision has been dealt with by the courts so far. In this regard, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the 2012 General Survey, paragraph 870). The Committee therefore requests the Government to provide information on any measures taken to: (i) raise awareness of the relevant legislation; (ii) enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials; (iii) identify and address cases of discrimination and unequal pay; and (iv) examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Committee requests the Government to continue 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.