Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s brief report received in November 2005. It further notes that a national tripartite workshop on the role of private employment agencies, in the context of the trafficking of domestic workers overseas, was held in February 2006. In collaboration with the Ministry of Labour and Social Affairs, the Office undertook a technical study on the operation of overseas private employment agencies in the country. The study has provided some indications to the Government to strengthen its monitoring and supervision mechanism to narrow the gap between the law and practice in areas such as fee charging, guidance to workers and the protection of workers’ rights and well-being. The study points out that the monitoring and supervision mechanism of private employment agencies should work in conjunction with an effective system that combats trafficking in persons.

1. Protection of migrant workers. The Committee notes that in its report the Government has not provided the information requested by the report form on the measures taken, after consulting the most representative organizations of employers and workers, “to provide adequate protection for and prevent abuses of migrant workers recruited or placed in its territory by private employment agencies” (Article 8, paragraph 1, of the Convention). In this context, the Committee expresses its serious concern regarding the protection of Ethiopian workers recruited or placed either through regular or irregular private agencies and the prevalence of trafficking in persons. The Committee recalls that, in accordance with section 18, paragraph 1(b) and paragraph 3, of the Private Employment Agencies (PEA) Proclamation No. 104/1998, penalties are envisaged against persons who send Ethiopian nationals abroad for work without possessing a licence in accordance with the PEA Proclamation, or where the human rights or physical integrity of Ethiopians sent abroad for work have been violated. The Committee requests the Government to supply detailed information in its next report on the measures taken to provide adequate protection and prevent abuses of migrant workers recruited in Ethiopia (Article 8 of the Convention). In this sense, the Committee recalls that, in March 2006, a Multilateral Framework on Labour Migration was published by the ILO, which includes non-binding principles and guidelines for a rights-based approach to labour migration. It also requests the Government to provide information on bilateral labour agreements concluded to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

2. Trafficking of children. The Government states in its report that, according to the labour law, child labour is not used or supplied by private employment agencies. The Committee refers to its 2005 direct request on the application of Convention No. 182, and, in particular, the efforts that are being made to put in place the National Plan of Action against the commercial sexual abuse and exploitation of children in Ethiopia. This programme will also deal with prevention, protection and rehabilitation to combat the worst forms of child labour. The Committee noted that, according to UNICEF data, every year thousands of women and girls are reported to be trafficked from Ethiopia to the Middle East, especially to Lebanon, Saudi Arabia and the United Arab Emirates. As required by Article 9 of Convention No. 181, the Government is requested to indicate the measures taken to ensure that child labour is not used or supplied by private employment agencies.

3. The Committee reiterates its interest in receiving more detailed information in the Government’s next report on the measures adopted to apply in Ethiopia the provisions of the Convention which are referred to specifically in a direct request.

[The Government is asked to reply in detail to the present comments in 2008.]