Observation (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. Prohibited grounds of discrimination. Legislation. The Committee notes the adoption of the new Labour Proclamation No. 1156/2019. It notes with satisfaction that the grounds of colour, social origin and national extraction have been added to the prohibited grounds of discrimination in employment and occupation. Indeed, under section 2(15) of the Labour Proclamation, discrimination is defined as “any distinction, exclusion or preference made on the basis of nation, race, color, sex, religion, political opinion, national extraction, social origin, HIV/AIDS status, disablement and others which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation”.

The Committee also notes the adoption of the Federal Civil Service Proclamation No. 1064/2017. However, it notes with regret, that the Government did not make use of the legislative amendment to include the grounds of colour, social origin and national extraction as prohibited grounds of discrimination. The Committee notes the Government’s repeated indication, in its report, that it considers that the grounds of colour, social origin and national extraction are substantially covered by the expression “any other grounds” used in section 13(2) of the Federal Civil Service Proclamation. In this regard, the Committee once again draws 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 urges the Government to take concrete steps to amend the Federal Civil Service Proclamation No. 1064/2017, with a view to specifying colour, social origin and national extraction as prohibited grounds of discrimination so as to ensure that discrimination is prohibited in all aspects of employment and occupation on the basis of all the grounds enumerated in the Convention both in the private and public sectors.

Scope of application. The Committee notes with satisfaction the Government’s indication that, under section 3 of the new Labour Proclamation, the scope of application of the law has been extended to include the recruitment process.

Equality of opportunity and treatment irrespective of race and colour. Indigenous communities. With regard to its previous request on pastoralist communities, the Committee notes the Government’s reiterated indication 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 Government also states, without providing specific information, that the national policy and planning frameworks aim to address the specific needs of pastoralist communities. The Committee further notes, from the concluding observations of the United Nations Human Rights Committee, the concerns about: (1) the absence of dedicated legislation recognizing and promoting the rights of indigenous peoples; and (2) reports that the principle of free, prior and informed consultations was not fully upheld with regard to development projects that may affect the rights of indigenous peoples, including prior to the construction of the Gibe III hydroelectric dam (CCPR/C/ETH/CO/2, 7 December 2022, paragraph 47). Recalling that indigenous peoples in the country continue to face high levels of discrimination due to persistent prejudices and negative stereotypes, affecting their situation in employment and occupation, the Committee must once again refer the Government to paragraph 768 of its 2012 General Survey on the fundamental Conventions. 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 once again asks the Government to: (i) 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; (ii) provide detailed and specific information on the measures taken to this end; and (iii) include concrete examples of 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 the Government’s indication that it has signed a peace agreement with the Eritrean Government but that measures have not yet been taken to enforce the final award. Once again 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.