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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee urges the Government to provide full information on the matters raised in the comments below.
Legislation. The Committee recalls that section 14(1)(f) of Labour Proclamation No. 377/2003 provides that it shall be unlawful for an employer to discriminate between workers on the basis of nationality, sex, religion, political outlook or any other conditions. The Committee requested the Government to clarify whether section 14(1)(f) protects workers from discrimination in the selection and recruitment process and whether the employment service is bound by the principle of non-discrimination. In its report, the Government states that article 41 of the Constitution provides that every Ethiopian has the right to engage freely in economic activities and to pursue a livelihood of his or her choice. According to the Government this provision requires all public bodies, including the employment service, as well as employers to abstain from discrimination. The Committee nevertheless considers it important that the non-discrimination provisions contained in the Labour Proclamation are amended with a view to explicitly providing that workers and candidates for employment, including non-citizens, are protected from discrimination and to include all the prohibited grounds listed in Article 1(1)(a) of the Convention, including social origin and national extraction. In the meantime, the Committee urges the Government to provide information on any cases concerning discrimination in employment and occupation identified and addressed by the competent authorities, including the labour inspectors and the courts.
Recalling that the non-discrimination clause of the Federal Civil Service Proclamation No. 262/2002 does not include the grounds of social origin and national extraction (section 13(1)), the Government previously indicated that the question of amending section 13(1) to include these grounds had been placed on the agenda of the task force responsible for amending the Proclamation. The Committee requests the Government to provide information on the progress made in this regard.
Equality of opportunity and treatment in the public sector, irrespective of sex and ethnicity. The Committee recalls that section 13(3) of the Federal Civil Service Proclamation No. 262/2002 authorizes preferential recruitment of women and members of ethnic groups underrepresented in the civil service. However, the Committee regrets that no information has been provided in response to the Committee’s comments regarding the promotion of gender equality and ethnic diversity in the public sector. Consequently, the Committee urges the Government to:
(i) provide information on the measures taken to promote equality of opportunity and treatment of men and women in the civil service, including in respect to recruitment, training and promotion;
(ii) provide information on any measures taken to promote access to the civil service of all ethnic groups;
(iii) provide statistical information on civil service employment by type of service and grade, disaggregated by sex, and to provide information on the ethnic composition of the civil service; and
(iv) provide an indication as to how the Convention is applied with respect to state-owned enterprises.
Education and training. The Committee notes from the Government’s report that in 2006–07 the gross enrolment rate of girls increased to 85 per cent in secondary education, 51 per cent in technical and vocational education and training and to 25 per cent in higher education. The Committee requests the Government to continue to provide information on the progress made in ensuring equal access of men and women to education and training at all levels. The Committee also asks the Government to provide information on the measures taken or envisaged to ensure equal access of women to employment and income-generating activities.
Indigenous communities. The Committee notes from the 2003 report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities that a number of pastoralist communities live in Ethiopia who depended on their ancestral lands to engage in their traditional occupations and livelihood activities. The report indicates that the adoption of a new strategy on pastoral development by the federal Government constituted a positive step in addressing the problems faced by pastoralist communities, particularly evictions from their land. The Committee requests the Government to provide a copy of the strategy on pastoral development and information on its implementation.
Follow-up to the recommendations made by the Tripartite Committee (representation made under article 24 of the ILO Constitution). The Committee notes that the Government’s report contains no new information concerning this matter. The Committee requests the Government to provide information in its next report on any further decisions reached by the Ethiopia–Eritrea Claims Commission and on measures taken, in line with such decisions, to indemnify as fully as possible the workers displaced following the outbreak of the 1998 border conflict, and to grant appropriate relief in accordance with Conventions Nos 111 and 158.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee regrets that for the second consecutive time the Government’s report does not adequately respond to the issues raised in the Committee’s comments. The Committee therefore urges the Government to provide full information on all matters raised in the comments below.
Legislation. The Committee recalls that section 14(1)(f) of Labour Proclamation No. 377/2003 provides that it shall be unlawful for an employer to discriminate between workers on the basis of nationality, sex, religion, political outlook or any other conditions. The Committee requested the Government to clarify whether section 14(1)(f) protects workers from discrimination in the selection and recruitment process and whether the employment service is bound by the principle of non-discrimination. In its report, the Government states that article 41 of the Constitution provides that every Ethiopian has the right to engage freely in economic activities and to pursue a livelihood of his or her choice. According to the Government this provision requires all public bodies, including the employment service, as well as employers to abstain from discrimination. The Committee nevertheless considers it important that the non-discrimination provisions contained in the Labour Proclamation are amended with a view to explicitly providing that workers and candidates for employment, including non-citizens, are protected from discrimination and to include all the prohibited grounds listed in Article 1, paragraph 1(a), of the Convention, including social origin and national extraction. In the meantime, the Committee urges the Government to provide information on any cases concerning discrimination in employment and occupation identified and addressed by the competent authorities, including the labour inspectors and the courts.
Follow-up to the representation made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers concerning Conventions Nos 111 and 158 (GB.282/14/5, November 2001). The Committee notes that the Government’s report contains no new information concerning this matter. The Committee requests the Government to provide information in its next report on any further decisions reached by the Ethiopia–Eritrea Claims Commission and on measures taken, in line with such decisions, to indemnify as fully as possible the workers displaced following the outbreak of the 1998 border conflict, and to grant appropriate relief in accordance with Conventions Nos 111 and 158.
The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows.
1. Article 1 of the Convention. Labour Proclamation. The Committee notes that the Labour Proclamation No. 377/2003, repealing the Labour Proclamation No. 42/1993, carries over the anti-discrimination provisions that were already contained in the previous legislation (sections 14(1)(b) and (f), 26(2), 87(1)). It recalls that section 14(1)(f) provides that it shall be unlawful for an employer to discriminate between workers on the basis of nationality, sex, religion, political outlook or any other conditions. The Committee recalls that, when legislative expression is given to the principle of the Convention, all grounds listed in Article 1(1)(a) should be legislated. It therefore requests the Government to consider the possibility of amending section 14(1)(f) to include the grounds of social origin and national extraction. In the meantime, the Committee requests the Government to:
(a) provide information on the application of the above provisions and the Convention in practice, including the steps taken by the competent authorities to promote equality and ensure non-discrimination on all the grounds listed in the Convention. Please also indicate any relevant cases or situations dealt with by the labour inspection service or the courts; and to
(b) clarify whether employers and the bodies providing employment services have an obligation under the Labour Proclamation to abstain from discriminatory acts or practices in the context of recruitment and placement.
2. Federal Civil Servants Proclamation No. 262/2002. Recalling that the non-discrimination clause of Proclamation No. 262/2002 does not include the grounds of social origin and national extraction (section 13(1)), the Committee notes from the Government’s report that the question of amending section 13(1) to include these grounds has been placed on the agenda of the task force responsible for amending the Proclamation. The Government is asked to keep the Committee informed on any further development in this regard.
3. Article 2. National policy to promote equality in employment and occupation. The Committee notes that the National Employment Policy is still under preparation, which, according to the Government’s previous indication, will include measures to promote women’s employment opportunities. It also notes the measures taken to increase women’s participation, education and training, and that some progress has been made in increasing overall enrolment rates, while bringing the enrolment rates of girls closer to that of boys. The Committee requests the Government to continue to provide information on the measures taken to promote equal participation of boys and girls in education and training education and training, and statistical information indicating further progress made. The Government is also requested to provide information on the participation rates in the various disciplines of vocational training, disaggregated by sex. Finally, please keep the Committee informed of progress made in the adoption of the National Employment Policy.
4. Article 3(d). Employment under the direct control of a national authority. The Committee notes the Government’s statement that the Federal Civil Servant Commission has the power and duty to supervise the implementation of the Federal Civil Servants Proclamation, including its non-discrimination provision. In case of discrimination, civil servants have the right to appeal to the Commission. The Committee also notes that only on rare occasions use was made of section 13(3) of the Proclamation which authorizes preferential recruitment of women and members of ethnic groups underrepresented in the service. However, the Committee notes that according to the statistical information provided by the Government women remain highly under-represented in the civil service in the regions and at the federal level, particularly among civil servants with higher educational qualifications. The Government is requested to:
(a) provide information on the measures taken to promote equality of opportunity and treatment of men and women in the civil service, including in respect to recruitment, training and promotion;
(b) continue to provide statistical information on civil service employment by level of education, type of service and grade, disaggregated by sex, and to provide information on the ethnic composition of the civil service;
(c) indicate any specific steps taken by the Civil Service Commission to promote the application of the Convention, including in respect to the preparation of the planned directives and equal rights of women and the handling of complaints brought by civil servants; and
(d) provide indication as to how the Convention is applied in respect to state-owned enterprises.
5. Article 4. Further to its observation, the Committee reiterates its requests to the Government to provide information on how an effective right of appeal against deportation orders made pursuant to the Ethiopian Immigration Proclamation is provided to persons accused of engaging in activities prejudicial to the security of the State, in line with the requirements of Article 4 of the Convention.
6. Part III of the report form. Please continue to provide information on any concrete measures taken by the Ombudsperson and the Ethiopian Human Rights Commission to promote the application of the Convention, including any cases involving non-discrimination and equality in employment and occupation dealt by them.
The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observations, which read as follows:
Follow-up to the representation made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers concerning Conventions Nos 111 and 158 (GB.282/14/5, November 2001). Recalling its previous observations on this matter, the Committee notes the communication from the Government dated 11 May 2005 by which it forwarded extracts of the Partial Awards of 17 December 2004 made by the Ethiopia Eritrea Claims Commission set up under the terms of the 2000 Algiers Agreement between the two countries. The Committee notes that these awards deal with liability concerning the claims submitted by Ethiopia and Eritrea and that the proceedings of the Commission are now at the phase of determining damages. The Committee requests the Government to provide information in its next report on any further decisions reached by the Claims Commission and on measures taken, in line with such decisions, to indemnify as fully as possible the workers displaced following the outbreak of the 1998 border conflict, in accordance with Conventions Nos 111 and 158, and to grant appropriate relief.
The Committee is raising other points in a request addressed directly to the Government.
Follow-up to the representation made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers concerning Conventions Nos. 111 and 158 (GB.282/14/5, November 2001). Recalling its previous observations on this matter, the Committee notes the communication from the Government dated 11 May 2005 by which it forwarded extracts of the Partial Awards of 17 December 2004 made by the Ethiopia Eritrea Claims Commission set up under the terms of the 2000 Algiers Agreement between the two countries. The Committee notes that these awards deal with liability concerning the claims submitted by Ethiopia and Eritrea and that the proceedings of the Commission are now at the phase of determining damages. The Committee requests the Government to provide information in its next report on any further decisions reached by the Claims Commission and on measures taken, in line with such decisions, to indemnify as fully as possible the workers displaced following the outbreak of the 1998 border conflict, in accordance with Conventions Nos. 111 and 158, and to grant appropriate relief.
The Committee notes the Government’s report and the attached legislation and requests the Government to provide information on the following points.
1. Further to its observation, the Committee notes that section 13(1) of the Federal Civil Servants Proclamation No. 262/2002 provides that "there shall be no discrimination among jobseekers or civil servants in filling vacancies because of their ethnic origin, sex, religion, political outlook or any other ground". Recalling that when legislative expression is given to the principle of the Convention, all grounds listed in Article 1(1)(a) should be legislated, the Committee requests the Government to consider the possibility of amending section 13(1) to include the grounds of social origin and national extraction. In the meantime, the Government is asked to provide information on the manner in which non-discrimination and equality in the civil service with respect to all grounds listed in the Convention is ensured in practice, including with regard to promotion and training.
2. The Committee notes with interest that section 13(3) of the Federal Civil Servants Proclamation provides for preferential recruitment of female candidates and members of nationalities comparatively less represented in the civil service, under the condition that these candidates have scores equal or close to those of others. The Committee also notes from the statistical information provided by the Government that at the federal government level, some 42 per cent of the permanent civil servants are women (30 per cent at the regional level), but that the number of women with higher educational qualifications in the civil service is very low. The Government is therefore requested to provide information on the application and impact of section 13(3) of the Federal Civil Servants Proclamation, including statistical information on the gender and ethnic distribution of the civil service. Please indicate also the number of women and members of the various ethnic groups at the various levels of the civil service, and provide the directives of the Federal Civil Service Commission referred to in the report regarding measures to ensure equal rights of women, as soon as they are issued.
3. Recalling its comments concerning the application of the Convention in the private sector, the Committee notes that the Government is still preparing a national employment policy, which will contain policies on education, training and employment opportunities for women, including in management and decision-making positions. The Government is asked to provide a copy of the policy as soon as it is finalized. Please also provide information on the application of the Convention in state-owned enterprises.
4. With reference to its previous comments on the equal access of women and girls to education and training, the Committee thanks the Government for providing detailed statistical information on the participation of girls and boys at the various levels of schooling. The Committee notes that steady progress has been made in recent with regard to increasing the level of women’s and girl’s participation in education and training at all levels. It also notes that girls continue to be much more under-represented at the primary school level than at the secondary level and that there remains a high gender gap regarding higher education. The Committee requests the Government to continue to provide similar statistical information as well as information on the measures taken or envisaged to promote female education at all levels, including the participation in technical and vocational schools.
5. Recalling the provisions of the Constitution safeguarding the right of the country’s nations, nationalities and peoples to self-determination, including self-government, and to preserving their own cultures (article 39), the Committee reiterates its previous request to the Government to provide information on the measures being taken or contemplated to enable the practical enjoyment of these rights by the groups involved.
6. With reference to its previous comments on the enforcement of equality legislation, the Committee notes the Ethiopian Human Rights Commission Establishment Proclamation No. 210/2000 and the Institution of the Ombudsman Establishment Proclamation No. 211/2000, which set out the mandate and procedures of these institutions. The Government is requested to provide information on the work of both these institutions relevant to the application of the Convention, including the number, nature and outcome of cases involving non-discrimination and equality in employment and occupation. Noting the Government’s indication that the Federal Civil Service Commission is currently preparing a directive concerning the handling of complaints brought by civil servants, the Committee requests the Government to provide a copy of this directive as soon as adopted.
1. The Committee recalls that at its 282nd Session (November 2001), the Governing Body of the ILO approved the report of the tripartite committee set up to examine the representation alleging non-observance by Ethiopia of Conventions Nos. 111 and 158, made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers (GB.282/14/5). The Governing Body concluded that large-scale deportations of persons, including workers from Ethiopia to Eritrea and vice-versa, occurred following the outbreak of the border conflict in May 1998 and decided that, in so far as the expulsions that took place were based on national extraction or political opinion, they constituted violations of these Conventions. The Governing Body requested the Committee of Experts to continue to examine this matter.
2. In this context, the Committee notes the Government’s statement that Eritrean workers and employers enjoy the same rights and benefits as all other workers and employers in Ethiopia without discrimination whatsoever. The Government has once again referred to the Labour Proclamation No. 42/1993, which prohibits termination of an employment contract on several grounds including nationality, political outlook, race, colour and lineage (section 26(2)). The Committee also notes that the Public Civil Servants Proclamation No. 262/2002 provides that there shall be no discrimination among jobseekers or civil servants in filling vacancies because of their ethnic origin or political outlook or any other ground (section 13(1)). The Committee requests the Government to provide information on whether complaints have been made, or instances otherwise noted, of discrimination against either nationals of Eritrea, or against Ethiopians of Eritrean origin, on the grounds of national extraction or political opinion, either in the private sector (under the Labour Proclamation) or the public sector (under the Public Civil Servants Proclamation).
3. The Committee further notes that the Claims Commission, established under the Algiers Agreement between Ethiopia and Eritrea of 12 December 2000, has started its work and that the issues related to deportation and damages for loss of employment and related benefits will be considered by the Commission in accordance with the schedule established by it. The Committee requests the Government to provide information in its next report on the decisions reached by the Claims Commission in this regard and on the measures taken, in line with such decisions, to remedy as fully as possible the situation of the displaced workers in accordance with the provisions of Conventions Nos. 111 and 158, and to grant appropriate relief.
4. With regard to its previous comments concerning the right of appeal of persons who may be accused in future of engaging in activities prejudicial to the security of the State, the Committee notes the Government’s indications with regard to the right to appeal under Ethiopian criminal legislation. Recalling that the conclusions reached by the tripartite committee deal more specifically with the appeal system under the Ethiopian Immigration Proclamation which establishes the administrative procedures for deportations (GB.282/14/5, paragraph 37), the Committee requests the Government to provide information on how an effective right of appeal against deportation orders is provided to persons accused of engaging in activities prejudicial to the security of the State, in line with the requirements of Article 4 of the Convention.
The Committee is raising certain other points in a request addressed directly to the Government.
The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
1. The Committee refers to its previous comments concerning measures taken to implement constitutional provisions relevant to the Convention, particularly Article 25, which guarantees to all persons equal and effective protection against discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, wealth, birth or other status. The Committee also notes the Government’s statement that the new democratic atmosphere in the country had become a guarantee for equal treatment. With respect to the need to provide employees of the state administration with legislative protection against discrimination in employment and to ensure equality of opportunity and treatment as regards access to the civil service, the Committee notes that the process of revising the law governing the employment of public employees is still ongoing. The Committee once again hopes that the Government will ensure that the revision of the law will fully reflect the principles and objectives of the Convention and will continue to provide information on any progress made in this respect. 2. Discrimination on the basis of sex. The Committee refers to its previous comments on measures to implement the constitutional provisions concerning the rights of women, including to "... remedial and affirmative measures to enable women to compete on the basis of equality with men in political, economic and social life, and to gain access to opportunities and positions in public and private institutions" (article 35). In this context, the Committee notes the adoption of a National Policy for Ethiopian Women. The Committee also notes from the National Report on the Implementation of the Beijing Platform for Action prepared by the Women’s Affairs Office in the Prime Minister’s Office that significant progress was made as to the enrolment of girls in primary and secondary schools between 1994 and 1999. However, the Committee notes that the number of girls receiving such education has been decreasing compared to the number of boys. Noting that one of the goals of the first phase of the Education Sector Development Programme (ESDP) is to increase the school attendance of rural children, especially girls, and raise enrolment from 38 to 45 per cent by the year 2001-02, the Government is requested to provide information on the progress made in this respect and on measures taken to ensure equal access of girls to education, including through affirmative action. Noting that the level of female participation in the technical and vocational schools under the Ministry of Education and in higher education remains low compared to that of males, the Committee also requests the Government to supply information on measures taken to promote women’s participation in these fields. The Committee would appreciate receiving statistical information on the distribution of men and women in the different areas of specializations and disciplines in technical and vocational schools as well as at the university level. Please also provide a copy of the abovementioned National Policy on Women. 3. The Committee notes that the Government gives due attention to the recruitment of women in the public sector, including thorough efforts to attract more women to fill vacant posts. The Committee also notes that women participated in the recruitment, training and promotional committees of the Federal Civil Service Commission. Noting from the Government’s report on the implementation of the Beijing Platform for Action that the number of female employees in the federal administration decreased in 1998 below the level of 1994 and that they are underrepresented in the professional, scientific, administrative and sub-professional categories, the Committee requests the Government to continue to provide information on measures taken to ensure equality of opportunity and treatment of women in practice as regards access to the public sector, as well as statistical data on the level of participation of women in the federal and regional administrations, including the distribution of men and women in the different types and levels of service. Noting from the abovementioned report that the Federal Civil Service Commission has been issuing directives which, according to the Government, could reinforce the contents of article 35 of the Constitution as regards affirmative measures and equal rights in employment, the Committee would be grateful to receive copies of these directives. 4. Concerning the application of the Convention as regards private sector employment, the Committee asks the Government to provide a copy of the National Employment Policy recently prepared by the Ministry of Labour and Social Affairs which, inter alia, contains policies on education, training and employment opportunities for women, including in management and decision-making positions. 5. Discrimination on the basis of race, colour and national extraction. As regards the use of national languages, the Committee notes from the Government’s report that the number of different national groups using their own language for elementary education is increasing. The Committee notes the Government’s indications that this helped to ensure the right of different groups to use their own language. Concerning the provisions of the Constitution safeguarding the right of the country’s nations, nationalities and peoples to self-determination, including self-government, and to preserving their own cultures (article 39), the Committee reiterates its previous request to the Government to provide information on the measures being taken or contemplated to enable the practical enjoyment of these rights by the groups involved. 6. Enforcement of legislation. Noting again the potential importance of the Federal Civil Service Commission with regard to implementation of the principle of non-discrimination within the civil service, the Committee reiterates its request for information on the manner in which the Commission handles complaints of discrimination and to provide copies of any relevant final decisions. The Committee would also appreciate receiving information on the mandate and activities of the National Commission on Human Rights and the Ombudsman.
1. The Committee refers to its previous comments concerning measures taken to implement constitutional provisions relevant to the Convention, particularly Article 25, which guarantees to all persons equal and effective protection against discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, wealth, birth or other status. The Committee also notes the Government’s statement that the new democratic atmosphere in the country had become a guarantee for equal treatment. With respect to the need to provide employees of the state administration with legislative protection against discrimination in employment and to ensure equality of opportunity and treatment as regards access to the civil service, the Committee notes that the process of revising the law governing the employment of public employees is still ongoing. The Committee once again hopes that the Government will ensure that the revision of the law will fully reflect the principles and objectives of the Convention and will continue to provide information on any progress made in this respect.
2. Discrimination on the basis of sex. The Committee refers to its previous comments on measures to implement the constitutional provisions concerning the rights of women, including to "... remedial and affirmative measures to enable women to compete on the basis of equality with men in political, economic and social life, and to gain access to opportunities and positions in public and private institutions" (article 35). In this context, the Committee notes the adoption of a National Policy for Ethiopian Women. The Committee also notes from the National Report on the Implementation of the Beijing Platform for Action prepared by the Women’s Affairs Office in the Prime Minister’s Office that significant progress was made as to the enrolment of girls in primary and secondary schools between 1994 and 1999. However, the Committee notes that the number of girls receiving such education has been decreasing compared to the number of boys. Noting that one of the goals of the first phase of the Education Sector Development Programme (ESDP) is to increase the school attendance of rural children, especially girls, and raise enrolment from 38 to 45 per cent by the year 2001-02, the Government is requested to provide information on the progress made in this respect and on measures taken to ensure equal access of girls to education, including through affirmative action. Noting that the level of female participation in the technical and vocational schools under the Ministry of Education and in higher education remains low compared to that of males, the Committee also requests the Government to supply information on measures taken to promote women’s participation in these fields. The Committee would appreciate receiving statistical information on the distribution of men and women in the different areas of specializations and disciplines in technical and vocational schools as well as at the university level. Please also provide a copy of the abovementioned National Policy on Women.
3. The Committee notes that the Government gives due attention to the recruitment of women in the public sector, including thorough efforts to attract more women to fill vacant posts. The Committee also notes that women participated in the recruitment, training and promotional committees of the Federal Civil Service Commission. Noting from the Government’s report on the implementation of the Beijing Platform for Action that the number of female employees in the federal administration decreased in 1998 below the level of 1994 and that they are underrepresented in the professional, scientific, administrative and sub-professional categories, the Committee requests the Government to continue to provide information on measures taken to ensure equality of opportunity and treatment of women in practice as regards access to the public sector, as well as statistical data on the level of participation of women in the federal and regional administrations, including the distribution of men and women in the different types and levels of service. Noting from the abovementioned report that the Federal Civil Service Commission has been issuing directives which, according to the Government, could reinforce the contents of article 35 of the Constitution as regards affirmative measures and equal rights in employment, the Committee would be grateful to receive copies of these directives.
4. Concerning the application of the Convention as regards private sector employment, the Committee asks the Government to provide a copy of the National Employment Policy recently prepared by the Ministry of Labour and Social Affairs which, inter alia, contains policies on education, training and employment opportunities for women, including in management and decision-making positions.
5. Discrimination on the basis of race, colour and national extraction. As regards the use of national languages, the Committee notes from the Government’s report that the number of different national groups using their own language for elementary education is increasing. The Committee notes the Government’s indications that this helped to ensure the right of different groups to use their own language. Concerning the provisions of the Constitution safeguarding the right of the country’s nations, nationalities and peoples to self-determination, including self-government, and to preserving their own cultures (article 39), the Committee reiterates its previous request to the Government to provide information on the measures being taken or contemplated to enable the practical enjoyment of these rights by the groups involved.
6. Enforcement of legislation. Noting again the potential importance of the Federal Civil Service Commission with regard to implementation of the principle of non-discrimination within the civil service, the Committee reiterates its request for information on the manner in which the Commission handles complaints of discrimination and to provide copies of any relevant final decisions. The Committee would also appreciate receiving information on the mandate and activities of the National Commission on Human Rights and the Ombudsman.
The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which reads as follows.
1. The Committee notes that at its 282nd Session (November 2001), the Governing Body of the ILO approved the report of the tripartite committee set up to examine the representation alleging non-observance by Ethiopia of Conventions Nos. 111 and 158, made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers (NCEW). The complaint concerned allegations of deportations of Ethiopians of Eritrean origin and Eritreans legally established and residing and working in Ethiopia in violation of these Conventions (see GB.282/14/5). 2. The Governing Body concluded that large-scale deportations of persons including workers from Ethiopia to Eritrea and vice versa occurred following the outbreak of the border conflict in May 1998, and noted that expulsion from the country would have the effect of discrimination in employment and occupation, in so far as it was based on a ground prohibited under Convention No. 111 and resulted in loss of employment and related benefits, and was not otherwise permitted under the Convention. The Governing Body pointed out that the substantive and procedural protections set forth in Articles 1 and 4 of the Convention apply to all workers regardless of their nationality or citizenship and concluded that at least some of the deportations constituted discriminatory acts within the meaning of Article 1(1)(a),and did not meet the requirements of Article 4. The Governing Body accordingly decided that, in so far as the expulsions that took place were based on national extraction or political opinion, they constituted violations of these Conventions. It invited the Government of Ethiopia to continue to provide information on the situation of Eritrean workers and employers in Ethiopia in its reports under Conventions Nos. 111 and 158 under article 22 of the ILO Constitution, so that the Committee of Experts can continue to examine this matter (see GB.282/14/5, paragraph 40). 3. This Committee follows the Governing Body in welcoming the fact that the Governments of Ethiopia and Eritrea and their social partners have expressed a desire to reach a peaceful solution to the border dispute between the two countries, reaffirming their acceptance of the OAU framework agreement and modalities for its implementation. The Committee also notes the establishment, under the Algiers Agreement of 12 December 2000, of a claims commission with jurisdiction over claims of deportees and the Governing Body’s view that it would be appropriate for the issues raised in the representation to be dealt with in the claims commission as it has powers to grant monetary and other appropriate relief. 4. Noting that the Government of Ethiopia has reaffirmed its acceptance of the principles enshrined in Conventions Nos. 111 and 158 and its willingness to promote and implement a policy of equality of opportunity and treatment in employment and occupation, the Committee requests the Government to provide in its next report information on: (a) the situation of Eritrean workers and employers in Ethiopia as regards their protection from discrimination based on political opinion and national extraction; (b) the cooperation with the Government of Eritrea and social partners in the operation of the mechanisms created in the Algiers Agreement of 12 December 2000, in particular on claims submitted to the claims commission and any decisions reached by the latter; (c) the measures taken, in line with any decisions which may be taken by the claims commission, to remedy as fully as possible the situation of the displaced workers in accordance with the provisions of Conventions Nos. 111 and 158 and to grant appropriate relief; and (d) the measures taken to provide for an effective right of appeal for those persons who may be accused in future of engaging in activities prejudicial to the security of the State.
1. The Committee notes that at its 282nd Session (November 2001), the Governing Body of the ILO approved the report of the tripartite committee set up to examine the representation alleging non-observance by Ethiopia of Conventions Nos. 111 and 158, made under article 24 of the ILO Constitution by the National Confederation of Eritrean Workers (NCEW). The complaint concerned allegations of deportations of Ethiopians of Eritrean origin and Eritreans legally established and residing and working in Ethiopia in violation of these Conventions (see GB.282/14/5).
2. The Governing Body concluded that large-scale deportations of persons including workers from Ethiopia to Eritrea and vice versa occurred following the outbreak of the border conflict in May 1998, and noted that expulsion from the country would have the effect of discrimination in employment and occupation, in so far as it was based on a ground prohibited under Convention No. 111 and resulted in loss of employment and related benefits, and was not otherwise permitted under the Convention. The Governing Body pointed out that the substantive and procedural protections set forth in Articles 1 and 4 of the Convention apply to all workers regardless of their nationality or citizenship and concluded that at least some of the deportations constituted discriminatory acts within the meaning of Article 1(1)(a),and did not meet the requirements of Article 4. The Governing Body accordingly decided that, in so far as the expulsions that took place were based on national extraction or political opinion, they constituted violations of these Conventions. It invited the Government of Ethiopia to continue to provide information on the situation of Eritrean workers and employers in Ethiopia in its reports under Conventions Nos. 111 and 158 under article 22 of the ILO Constitution, so that the Committee of Experts can continue to examine this matter (see GB.282/14/5, paragraph 40).
3. This Committee follows the Governing Body in welcoming the fact that the Governments of Ethiopia and Eritrea and their social partners have expressed a desire to reach a peaceful solution to the border dispute between the two countries, reaffirming their acceptance of the OAU framework agreement and modalities for its implementation. The Committee also notes the establishment, under the Algiers Agreement of 12 December 2000, of a claims commission with jurisdiction over claims of deportees and the Governing Body’s view that it would be appropriate for the issues raised in the representation to be dealt with in the claims commission as it has powers to grant monetary and other appropriate relief.
4. Noting that the Government of Ethiopia has reaffirmed its acceptance of the principles enshrined in Conventions Nos. 111 and 158 and its willingness to promote and implement a policy of equality of opportunity and treatment in employment and occupation, the Committee requests the Government to provide in its next report information on: (a) the situation of Eritrean workers and employers in Ethiopia as regards their protection from discrimination based on political opinion and national extraction; (b) the cooperation with the Government of Eritrea and social partners in the operation of the mechanisms created in the Algiers Agreement of 12 December 2000, in particular on claims submitted to the claims commission and any decisions reached by the latter; (c) the measures taken, in line with any decisions which may be taken by the claims commission, to remedy as fully as possible the situation of the displaced workers in accordance with the provisions of Conventions Nos. 111 and 158 and to grant appropriate relief; and (d) the measures taken to provide for an effective right of appeal for those persons who may be accused in future of engaging in activities prejudicial to the security of the State.
The Committee is addressing a request directly to the Government on other points.
Further to its observation on the application of the Convention, the Committee of Experts notes the Government’s report, which includes information in reply to its previous direct request. The Government’s attention is drawn to the following points.
4. Concerning the application of the Convention as regards private sector employment, the Committee asks the Government to provide a copy of the National Employment Policy recently prepared by the Ministry of Labour and Social Affairs which, inter alia, contains policies on education, training and employment opportunities for women, including in management and decision making positions.
5. Discrimination on the basis of race, colour and national extraction. As regards the use of national languages, the Committee notes from the Government’s report that the number of different national groups using their own language for elementary education is increasing. The Committee notes the Government’s indications that this helped to ensure the right of different groups to use their own language. Concerning the provisions of the Constitution safeguarding the right of the country’s nations, nationalities and peoples to self determination, including self-government, and to preserving their own cultures (article 39), the Committee reiterates its previous request to the Government to provide information on the measures being taken or contemplated to enable the practical enjoyment of these rights by the groups involved.
1. The Committee has recently received information on the establishment, on 24 August 1995, of the Federal Civil Service Commission, an autonomous public institution of the federal Government, which replaces the Public Servants' Administration Commission. It notes that, in order to achieve its objective to guarantee the realization of a meritorious, efficient, productive and permanent civil service in accordance with the law, the Commission has been given the powers and duties, inter alia, to prepare and, upon approval, follow up the implementation of policies and laws concerning the civil service; to issue general criteria on education and work experience necessary for civil service positions; to give final decisions on appeals lodged by employees of the federal civil service; to keep a register of the details of employees of the federal civil service and compile data concerning all civil service employees within the country (sections 4 and 5 of the Federal Civil Service Commission Establishment Proclamation No. 8/1995). Noting the potential importance of the Commission with regard to implementation of the principle of non-discrimination within the civil service, the Committee requests the Government to provide it with information on any policy and/or law prepared or implemented by the Commission; a copy of the general criteria on education and work experience issued by the Commission; data on the nature and number of appeals, if any, lodged by civil servants, including copies of any final decisions; and data on the number of civil servants, disagregated by sex, job category and level of responsibility. Considering that the Federal Civil Service Commission replaces the Public Servants' Administration Commission, the Committee requests the Government to indicate to what extent the former civil service regulations, criteria and guidelines continue to operate.
2. The Committee notes, however, that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with interest the adoption of a new Constitution of 8 December 1994 which, inter alia, provides for guarantees to all persons of "equal and effective protection without discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, wealth, birth or other status" (article 25). The Committee requests the Government to provide information on the measures taken to implement those constitutional provisions relevant to the application of the Convention, including details on any legislative developments. Please also indicate whether the 1975 Land Reform Proclamation which was to have been reviewed in the light of the new Constitution, remains in force.
The Committee notes that draft legislation to cover public employees excluded from the scope of the Labour Proclamation of 1975 is in the process of being finalized and will be furnished to the Office once it has been proclaimed. The Committee hopes that the Government will take this opportunity to provide employees of the state administration with legislative protection against discrimination in employment, in conformity with the Convention. Similarly, the Committee hopes that steps will be taken to accord to teachers (who are employees of the state administration) the guarantees afforded by the Convention during the review of the applicable legislation which, according to the report, was under way.
As concerns the use of national languages, raised in previous comments, the Committee notes with interest that Part 3.5 of the 1986 General Education and Training Policy indicates the Government's intention to ensure that elementary education is to be given in the respective language of the various nations/nationalities as this would bring educational advantages and would ensure the right of different groups to use their own languages, along with Amharic and English, which are also to be taught at different levels. The Committee asks the Government to supply information on the implementation of the education policy in this regard and, in particular, on the extent to which this measure facilitates the access to education and training of the various nations/nationalities.
The Committee notes that the Institute for the Study of Ethiopian Nationalities, created by Proclamation No. 263 of 1983, appears to have been closed definitively, even though the said Proclamation has not been repealed. As pointed out in the Government's report, the new Constitution contains provisions safeguarding the right of the country's nations, nationalities and peoples to self-determination, including self-government, and to preserving their own cultures (article 39). Accordingly, the Committee requests the Government to provide information on the measures being taken or contemplated to enable the practical enjoyment of these rights by the groups involved.
The Committee notes the constitutional provisions concerning the rights of women, including the right to "... remedial and affirmative measures to enable women to compete on the basis of equality with men in political, economic and social life, and to gain access to opportunities and positions in public and private institutions" (article 35). It also notes that the above-mentioned General Education and Training Policy calls for special assistance for women in the preparation and distribution of educational aids and to regions which were previously deprived of educational facilities (paragraph 3.7.6), and states that the Government should provide financial assistance to incite greater school attendance by women (paragraph 3.9.3). The Committee hopes that the Government's future reports will contain detailed information on the steps being taken to realize these goals.
1. The Committee notes with interest the adoption of a new Constitution of 8 December 1994 which, inter alia, provides for guarantees to all persons of "equal and effective protection without discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, wealth, birth or other status" (article 25). The Committee requests the Government to provide information on the measures taken to implement those constitutional provisions relevant to the application of the Convention, including details on any legislative developments. Please also indicate whether the 1975 Land Reform Proclamation which was to have been reviewed in the light of the new Constitution, remains in force.
2. The Committee notes that draft legislation to cover public employees excluded from the scope of the Labour Proclamation of 1975 is in the process of being finalized and will be furnished to the Office once it has been proclaimed. The Committee hopes that the Government will take this opportunity to provide employees of the state administration with legislative protection against discrimination in employment, in conformity with the Convention. Similarly, the Committee hopes that steps will be taken to accord to teachers (who are employees of the state administration) the guarantees afforded by the Convention during the review of the applicable legislation which, according to the report, was under way.
3. As concerns the use of national languages, raised in previous comments, the Committee notes with interest that Part 3.5 of the 1986 General Education and Training Policy indicates the Government's intention to ensure that elementary education is to be given in the respective language of the various nations/nationalities as this would bring educational advantages and would ensure the right of different groups to use their own languages, along with Amharic and English, which are also to be taught at different levels. The Committee asks the Government to supply information on the implementation of the education policy in this regard and, in particular, on the extent to which this measure facilitates the access to education and training of the various nations/nationalities.
4. The Committee notes that the Institute for the Study of Ethiopian Nationalities, created by Proclamation No. 263 of 1983, appears to have been closed definitively, even though the said Proclamation has not been repealed. As pointed out in the Government's report, the new Constitution contains provisions safeguarding the right of the country's nations, nationalities and peoples to self-determination, including self-government, and to preserving their own cultures (article 39). Accordingly, the Committee requests the Government to provide information on the measures being taken or contemplated to enable the practical enjoyment of these rights by the groups involved.
5. The Committee notes the constitutional provisions concerning the rights of women, including the right to "... remedial and affirmative measures to enable women to compete on the basis of equality with men in political, economic and social life, and to gain access to opportunities and positions in public and private institutions" (article 35). It also notes that the above-mentioned General Education and Training Policy calls for special assistance for women in the preparation and distribution of educational aids and to regions which were previously deprived of educational facilities (paragraph 3.7.6); and states that the Government should provide financial assistance to incite greater school attendance by women (paragraph 3.9.3). The Committee hopes that the Government's future reports will contain detailed information on the steps being taken to realize these goals.
1. The Committee notes the information supplied by the Government in reply to its previous direct request concerning the status of the Land Reform Proclamation of 1975, to be reviewed in the light of the new Constitution, and the repeal of the post-1985 resettlement policy, as well as developments towards the adoption of a new Constitution. Since the Government is in the course of revising the national legislation, the Committee asks the Government to keep it informed of any legislative developments concerning the principle of the Convention and to communicate a copy of the Constitution once adopted.
2. The Committee also notes the information supplied by the Government on the use of national languages in the context of the new education policy, in reply to its previous direct request regarding the implementation of the provisions to eliminate discrimination as laid down in Labour Proclamation No. 42/1993. The Committee would appreciate receiving information on this new education policy, as well as on legislative protection against discrimination in employment afforded to teachers who are employees of the state administration and thus outside the scope of the Labour Proclamation (section 3(2)(e)).
3. In this connection, the Committee requests the Government to supply details on how the national policy on non-discrimination is applied to these public employees excluded from the coverage of the Labour Proclamation who might face discriminatory employment practices on the bases of political opinion, national extraction, social origin, etc. For example, have special laws been adopted to provide protection for the categories of workers who are excluded from the scope of the Labour Proclamation by virtue of section 3(2)?
4. The Committee repeats its request for indications concerning the activities of the Institute for the Study of Ethiopian Nationalities, established by Proclamation No. 236 of 1983.
1. The Committee takes note of the Government's reply to its previous direct request concerning the application in practice of Labour Proclamation No. 42/1993, in particular the statistics concerning the number of public employees by major occupational groups and by sex for 1986-87 and the number of male and female graduates from higher vocational training institutions. It also notes the Government's statement that the new democratic atmosphere prevailing in the country has become a guarantee for equal treatment in employment and opportunity in both vocational training and access to occupations. Noting that the Government undertakes to supply further reports pertaining to, in particular, the use of national languages in the educational system from the primary level, the Committee looks forward to receiving more detailed information on the implementation of the national policy to eliminate discrimination - as set out in the new Proclamation - in the Government's next report, with particular reference to grounds other than sex.
2. Noting that the Government's report is silent on point 2 of its previous direct request, the Committee is obliged to ask again for indications concerning the activities of the Institute for the Study of Ethiopian Nationalities, concerning in particular any measures it advocates or implements to improve access of the various ethnic groups to vocational training and employment.
3. In its previous direct requests, the Committee requested information on the Land Reform Proclamation of 1975 and the Government's post-1985 resettlement policy, in particular on whether the school building and training projects were implemented without discrimination based on social origin and national extraction, and on their impact on equal access to employment and to different occupations. The Committee requests the Government to clarify the status of these two policies.
4. The Committee asks the Government to inform it of any legislative developments concerning the principle of the Convention, in particular, any progress in the adoption of a new Constitution.
The Committee notes that the Government's reports contain no reply to its comments and merely state that there have been no significant changes with respect to the application of the Convention, that job placements are fair between men and women and that the new Labour Code - which has been sent to the ILO for comment - will soon be adopted.
The Committee notes that, in the meantime, the new Labour Proclamation No. 42/1993 was adopted on 20 January 1993, repealing Labour Proclamation No. 64 of 1975 which had been the subject of comments for many years.
1. The Committee notes with interest that: (1) section 14(1)(f) declares it unlawful for an employer to "discriminate between workers on the basis of nationality, sex, religion, political outlook or any other conditions"; (2) that section 26(2) lists as unjustified grounds for termination of an employment contract: trade union membership or activities, nationality, sex, religion, political outlook, marital status, race, colour, family responsibility, pregnancy, lineage or social status; (3) that section 87(1) provides that women shall not be discriminated against as regards employment and payment, on the basis of their sex; and (4) that sections 42 and 43 provide redress for unlawful dismissals by the employer.
The Committee would be grateful if the Government would provide in its next report any available information on how the new Proclamation is being applied as regards the elimination of discrimination in employment on the grounds listed, and on the promotion of equality of opportunity and treatment in: (a) access to vocational training; (b) access to employment; and (c) terms and conditions of employment.
2. The Committee has noted in earlier comments the establishment of the Institute for the Study of Ethiopian Nationalities, whose function is to study the economic, cultural, social life and stage of development of each nationality and community in pre-nationality formations. The Committee again asks the Government to indicate whether any practical measures have followed from such studies to improve vocational training and employment opportunities for any of the ethnic groups concerned.
3. The Committee has noted the Government's indication that the Land Reform Proclamation of 1975 has made it possible for land to be available for schools as one of the first priorities and the Peasant Associations everywhere willingly contribute additional land on which practical educational activity can take place, and requested the Government to provide full information on the number of schools created as a result of this programme; the communities or persons of underprivileged groups, particular social origins or national extractions served by these schools; the types of training available in each of these schools; the numbers and characteristics of students actually attending them; and any practical measures taken to ensure that all persons are provided equal opportunity in employment and occupation so that they can benefit from this aspect of the Land Reform Proclamation of 1975.
4. The Committee had previously noted that the Government had been pursuing a resettlement policy since 1985, so as to remove certain people from those parts of the country most severely affected by drought conditions to other regions where new employment opportunities may be created, including centres for training in specific skills related to development in local areas, and that resettled peoples of different social origins had equal opportunities with other population groups. The Committee again asks the Government to provide full information on practical measures taken to ensure this equality of opportunity, as well as to indicate measures taken to ensure that resettled peoples of different social origin may have equal opportunity in agricultural or other employment or occupations with other population groups in those areas to which they are resettled.
The Committee notes from the Government's report that a new Labour Code, which takes into account as much as possible the observations of the Committee, will soon be adopted. The Committee hopes that the Government will soon be able to provide a copy of the adopted text. The Committee also hopes that the next report of the Government will include full information on the matters raised in the Committee's previous request, which read as follows:
1. In previous reports the Committee has noted detailed statistical information concerning manpower issues, the enrolment of women within the labour force, and on the numbers of women who have benefited from university and skill development training. The Committee hopes that the Government will continue supplying in future reports information of this kind, enabling it to assess the practical results of policies and programmes aimed at increasing educational and employment opportunities for women.
2. The Committee notes the Government's report of recognition given to its National Literacy Campaign by international organisations and overall improvement of literacy levels in the country. The Government is asked to provide information concerning the organisation of literacy courses aimed at ensuring equality of access to vocational and language training for the various ethnic groups.
3. The Committee has noted in earlier comments the establishment of the Institute for the Study of Ethiopian Nationalities, whose function is to study the economic, cultural, social life and stage of development of each nationality and community in pre-nationality formations. The Committee asks the Government to indicate whether any practical measures have followed from such studies to improve vocational training and employment opportunities for any of the nationalities concerned.
4. The Committee notes the Government's indication that the Land Reform Proclamation of 1975 has made it possible for land to be available for schools as one of the first priorities and the Peasant Associations everywhere willingly contribute additional land on which practical educational activity can take place. The Committee requests the Government to provide full information on the number of schools created as a result of this programme; communities or concentrated populations of persons of underprivileged nationalities, particular social origins or national extractions served by these schools; types of training available in each of these schools; numbers and characteristics of students actually attending these schools; and any practical measures taken to ensure that all persons are provided equal opportunity to benefit from this aspect of the Land Reform Proclamation of 1975 in respect of equality in employment and occupation.
5. In previous comments, the Committee noted that the Government has been pursuing a resettlement policy since 1985, to remove certain people from those parts of the country most severely affected by drought conditions to other regions where new employment opportunities may be created. In this regard, the Committee notes the indication in the Government's report that over 400 Community Skill Training Centres (CSTCs) offer training in specific skill areas related to development in local areas and that resettled peoples of different social origins have equal opportunities with other population groups. The Committee asks that the Government provide full information on practical measures taken to ensure this equality of opportunity. The Committee again also asks that the Government indicate measures taken to ensure that resettled peoples of different social origin may have equal opportunity of agricultural or other employment or occupations with other population groups in those areas to which they are resettled.
6. In previous comments, the Committee noted that the Labour Proclamation No. 64 of 1975 provides that every citizen is entitled to equal opportunity to be employed in a work in which he or she can contribute to the development of his or her country according to his or her skill and is fairly remunerated without discrimination on the basis of race, tribe, sex or religion, in line with socialist principles. The Committee noted, however, that this provision did not cover discrimination on the basis of political opinion or social origin, grounds expressly mentioned in Article 1(a) of this Convention, but that the new Draft Labour Proclamation will provide for this right. The Committee asks the Government to indicate in its next report what progress has been made toward adoption of the new draft Labour Proclamation and looks forward to this text being transmitted to the ILO when adopted.
The Committee notes the information provided in the Government's report.