Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

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

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.