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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ethiopia (RATIFICATION: 1963)

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Observation

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2021, as well as those of Education International (EI), received on 31 August 2023 concerning matters examined in this comment.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 109th Session, June 2021)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards (the Conference Committee) concerning the application of the Convention and examines the effect given to its conclusions below.

Articles 2 and 5 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The right to establish and join federations and confederations. The Conference Committee called upon the Government to amend section 3 of the Labour Proclamation No. 1156/2019 (LP) to recognize and guarantee the right to organize for the categories of workers excluded from its scope. The Committee recalls that section 3(2) of the LP excludes the following categories of employment relations or workers in both public and private sectors from its scope: (a) contracts for the purpose of upbringing, care or rehabilitation; (b) contracts for the purpose of educating or training other than apprentices; (c) managerial employees; (d) contracts of personal (domestic) service, and (e) employees of state administration, judges, prosecutors and others whose employment is governed by special laws. The Committee notes that, regarding domestic workers, section 3(3)(c) of the LP provides that the Council of Ministers shall issue a Regulation governing their conditions of work. The Committee further notes that certain excluded groups such as teachers have formed “professional associations” governed by the Organizations of Civil Societies Proclamation No. 1113/2019 (CSOP), but that according to the ITUC and EI, these organizations cannot join federations and confederations. The Committee notes the Government’s indication that every effort will be made to solve the problem by conducting a research-based discussion with the stakeholders using the newly created platform relating to the inclusion of the right to establish and join organizations in the special laws governing the conditions of work of excluded workers. The Committee notes with concern that four years after its previous examination of the application of the Convention in Ethiopia and two years after the Conference Committee discussion, no concrete measures have been taken to recognize and guarantee the right of excluded workers and employers to establish and join organizations. Recalling that the only possible exception to the application of the Convention pertains to the members of the police and the armed forces, the Committee urges the Government to either amend section 3 of the LP oradopt adequate legal provisions to recognize and guarantee the rights enshrined in the Convention to the excluded categories of workers and employers.The Committee requests the Government to provide detailed information on the steps taken in this respect.

Civil servants. The Conference Committee requested the Government to provide information on the status of the ongoing civil service reform as regards the granting of the right to organize to all civil servants. The Committee previously noted that the Government had repeatedly affirmed its readiness to address the matter and that, in full consultations with the social partners, it would take all the necessary measures to grant civil servants and employees of the state administration the right to establish and join organizations of their own choosing. The Committee notes with concern that the Government does not report any progress in this regard but only indicates that civil servants can form “professional associations” and that the Government is still in the process of studying and discussing measures to ensure their right to organize. The Committee further notes that the “professional organizations” formed under the CSOP do not appear to enjoy important rights specific to employers and workers’ organizations, such as the right to represent their members in labour relations and to establish or join federations and confederations, whereas these rights are defined within the framework of the LP only. The Committee is therefore bound to urge the Government to take the necessary measures, in full consultation with organizations representing the employees concerned, to recognize and guarantee the right to organize of all civil servants, including employees of state administration, teachers in public schools, care workers, judges, prosecutors and managerial workers and to provide information on any progress in this respect.

Teachers. The Conference Committee called upon the Government to take all necessary measures, in law and in practice, to ensure that teachers’ trade unions are registered and recognized as such and can join other trade unions. The Committee notes the Government’s indication that the National High Court ruled that, due to the existence of a professional association previously registered under the name of the National Teachers’ Association (NTA), no other association could be registered under this name. The Committee also notes the Government’s submission to the Conference Committee that the Ethiopian Teachers’ Association (ETA), an affiliate of EI which has more than 600,000 members, has been registered since 1949 and operates for the advancement of teachers’ rights and interests. The Committee notes that according to the EI, the ETA is unable to become a member of the Confederation of Ethiopian Trade Unions because of the exclusion of workers involved in education and training from the coverage of the LP. It further notes the ITUC’s indication that while the registration request of the NTA appears to have failed, the ETA is only recognized as an occupational organization, although it has been requesting recognition as a trade union for a long time to be able to fully represent its associates in collective bargaining and to join a trade union confederation; however, in absence of legislative reforms, such recognition remains impossible. The Committee recalls that in May 2013, in the framework of the Joint Statement on the Working Visit of the ILO Mission, the Government had committed itself to registering the NTA under the Charities and Societies Proclamation (the predecessor of the CSOP). The Committee notes with regret that despite this longstanding formal commitment of the Government, the NTA has not succeeded in obtaining registration. The Committee notes that the legal issues raised in relation to the full recognition and guarantee of Ethiopian teachers’ right to organize are due to: (i) the exclusion of private and public sector teachers from the scope of the LP and, (ii) the inadequacy of the guarantees granted to teachers’ associations governed by the CSOP, which do not allow the ETA to join a confederation or represent its members in collective bargaining. Therefore, the Committee urges the Government to, in full consultation with the social partners, review the legislation with a view to giving full recognition and guarantee to the rights of private and public sector teachers under the Convention. The Committee requests the Government to provide information on any steps taken in this respect.

Articles 2 and 7. Right to establish organizations without previous authorization, conditions of recognition of legal personality. The Conference Committee called upon the Government to revise section 59.1(b) of the CSOP in order to ensure that the grounds for refusal of trade union registration are not excessively broad. The Committee notes that section 59.1(b) provides that the Civil Societies Organization Agency shall refuse to register an organization where it finds that the aim of the organization or the activities description under its rules are contrary to law or public morals. The Committee notes with regret that the Government does not provide any information in this regard, while in its written submission to the Conference Committee it had indicated that this provision primarily aims to prevent wrongdoing by civil society organizations and NGOs. The Committee further notes that pursuant to section 61 of the CSOP, the acquisition of legal personality depends on registration. The Committee once again recalls that registration should be a simple formality and should not amount to a requirement of prior authorization for establishment of organizations, and that “public moral grounds” constitute too wide and vague a ground for refusal of registration and acquisition of legal personality, giving an excessively broad discretion to the authorities to block the registration and acquisition of legal personality for organizations. Therefore, the Committee once again requests the Government to take the necessary measures to revise section 59.1(b) of the CSOP with a view to removing “contrary to public morals” as grounds for refusal of registration of an organization and to provide information on the steps taken in this respect.

Article 3. Right of organizations to organize their administration and activities and to formulate their programmes. Essential services. In its previous comments the Committee requested the Government to take the necessary measures to delete air transport and urban light rail transport services from the list of essential services. The Committee notes the Government’s indication that currently, light rail transport constitutes the main means of transportation for large numbers of people in urban areas and would be deleted from the list of essential services when other public transportation options start being widely used. The Committee recalls that these services do not constitute essential services in the strict sense of the term – that is services, the interruption of which may endanger the life, personal safety or health of the whole or part of the population. The Committee therefore requests once again that the Government take the necessary measures so that the air and urban light rail transport services are deleted from the list of essential services in section 137.2(a) and (d) of the LP and recalls that it may give consideration instead to the establishment of a system of minimum service in these services of public utility. It requests the Government to provide information on the steps taken or envisaged in this respect.

Quorum required for a strike ballot. The Committee notes that section 159.3 of the LP requires that a decision to take a strike action must be supported by a simple majority of the workers concerned in a meeting attended by at least two-thirds of the trade union members. The Committee recalls that it requested the Government to revise the legislation, with a view to reducing the two-thirds quorum required for the strike ballot, which may unduly hinder the possibility of calling a strike. The Committee notes the Government’s indication that the right to strike would not be effective in the absence of support by the majority of workers. Recalling that strikes are essential means available to workers and their organizations to protect their interests, the Committee considers that where the law requires a vote by workers before a strike can be held, account should be taken only of the votes cast and the required quorum and majority should be fixed at a reasonable level. The observance of a quorum of two-thirds of union members may be difficult to reach and can unduly hinder the right to strike in practice. Therefore, the Committee once again requests the Government to take the necessary measures to amend section 159.3 of the LP and to provide information on the steps taken in this respect.

Article 4. Dissolution and suspension of organizations by the administrative authority. The Conference Committee called upon the Government to make sure that the appeal of members, founders or managers against dissolution of their organization by administrative decision has suspensive effect. The Committee notes that section 77.4 of the CSOP gives the Director General of the Civil Societies Organization Agency the power to order the suspension of the activities of an organization for a period not exceeding three months, when investigation has revealed a grave violation of the law in relation to those activities. A right to appeal of the organization to the board of the Agency and then to the Federal High Court is provided in section 77.5. The power of the Director General to suspend the activities of the organization is also provided under section 78.4, in case an organization does not alter or rectify its practice after receiving a strict warning. In this case, the suspension order can entail the dissolution of the organization unless it has been lifted by the Board of the Agency or by court order. Section 78.5 of the CSOP provides for a right to appeal to the Federal Hight Court for the members, founders or managers of the organization dissolved by decision of the Board. The Committee notes with regret that the Government does not provide any information regarding the suspensive effect of appeals, and recalls that the dissolution and suspension of trade union organizations constitute extreme forms of interference by the authorities in the activities of organizations and should therefore be accompanied by all the necessary guarantees. This can only be ensured through a normal judicial procedure, which should also have the effect of a stay of execution (see the 2012 General Survey on the fundamental Conventions, paragraph 162). Therefore, the Committee requests the Government to take the necessary measures to amend the CSOP so as to ensure that the appeal against such administrative decisions has suspensive effect. The Committee requests the Government to provide information on the steps taken in this respect.

The Committee reminds the Government of the possibility of availing itself of ILO technical assistance regarding the issues raised in this comment.

[The Government is asked to reply in full to the present comments in 2024.]