Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Ethiopie (Ratification: 1966)

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.