Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Ethiopia (Ratification: 1963)

Other comments on C098

Observation

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The Committee notes the comments submitted by Education International and the National Teachers’ Association on 31 August 2012, as well as by the International Trade Union Confederation (ITUC) in a communication dated 30 August 2013, which refer to issues pending before this Committee and the Committee on Freedom of Association (CFA) in Case No. 2516, as well as the Government’s observations thereon. It also notes the Government’s reply to the previous comments of the ITUC.

The Committee notes the report of the ILO mission that made a working visit to the country at the invitation of the Minister of Labour and Social Affairs from 13 to 16 May 2013. The Committee welcomes the outcome of the mission in the form of the Joint Statement on the Working Visit of the ILO Mission to Ethiopia, which was signed on 16 May 2013 by the Minister of Labour and Social Affairs, on behalf of the Government of Ethiopia, and by the Director of the International Labour Standards Department, on behalf of the International Labour Organization.

Labour Proclamation (2003). In its previous comments, the Committee had requested the Government to amend the Labour Proclamation as follows: section 3 (need to ensure that several categories of workers excluded from the scope of application of the Proclamation enjoy the rights afforded by the Convention); need for specific provisions coupled with effective and sufficiently dissuasive sanctions providing for protection of organizations of employers and workers against acts of interference by each other’s agents or members in their establishment, functioning or administration; and section 130(6) (need to ensure that it is up to the parties to decide on the moment when the collective agreement becomes inapplicable after the date of expiry). The Committee notes that, according to the Joint Statement: (i) in view of the fact that the Committee has been requesting the Government for several years to amend certain provisions of the Labour Proclamation, the Government has reiterated its commitment and determination to follow-up on these comments; (ii) the Government has reviewed all relevant provisions and the Tripartite Labour Advisory Board has completed its review of these amendments which will soon be submitted to the Council of Ministers; and (iii) the Government commits to do all it can to expedite the process for the submission of the amendments to Parliament. In addition, the Committee notes that the Government indicates in its report that most of the concerns raised by the Committee are duly considered to ensure as much as possible conformity of the labour legislation with the Convention. The Committee firmly trusts that the necessary measures will be taken without delay, and in full consultation with the social partners, to amend the abovementioned provisions of the Labour Proclamation, so as to bring it into full conformity with the Convention in the near future. It requests the Government to provide detailed information in its next report on any progress made in this respect.

Civil servants. In its previous comments, the Committee urged the Government to provide, with its next report, full information on the measures taken to ensure that civil servants, including teachers in the public sector, have the right to negotiate their conditions of employment through collective bargaining. The Committee notes that, according to the Joint Statement: (i) in view of the fact that the Committee has been requesting the Government for several years to amend certain provisions of the Labour Proclamation and the 2007 Civil Servants Proclamation, the Government has reiterated its commitment and determination to follow-up on these comments; (ii) the Government indicates that the civil service reform is a broad exercise and that a recent comprehensive assessment review undertaken is proposing a Civil Service Reform Roadmap; (iii) there is a common understanding of all parties concerned that the Constitution embeds the right of all workers to be able to establish and join organizations of their own choosing; (iv) the Government takes note of the view of the ILO supervisory bodies that the current legislative framework does not fully give effect to this right as regards civil servants, since the Charities and Societies Proclamation only enables individual civil service associations to be registered as professional associations; and (v) in this regard, the Government reaffirmed its commitment to the mission to continue to make every effort to address these issues as a matter of priority. The Committee feels encouraged by the Government’s commitment and the indication in its report that this issue is being given due consideration. Having understood from the mission report that the comprehensive civil service reform has recently undergone major adjustments, the Committee highlights that freedom of association and collective bargaining are enabling rights which render possible the exercise of all other rights at work, and firmly expects that, while pursuing the civil service reform, the right to bargain collectively through the relevant organizations will first be granted to all civil servants, including teachers in public schools and employees of the state administration.

Draft regulation concerning employment relations established by religious or charity organizations. The Committee recalls that in its previous comments it had requested the Government to amend section 4 of the draft regulation to ensure that no restrictions on the scope of collective bargaining should be imposed on workers employed by religious or charity institutions. In this respect, the Committee had noted the Government’s indication that the draft regulation would be replaced by a new draft regulation. The Committee notes the Government’s indication in its report that it is finalizing the new draft regulation and hopes that it will soon be issued. The Committee firmly trusts that the new regulation will be adopted in the near future and requests the Government to transmit a copy thereof.

Lastly, noting that, according to the Joint Statement, the Government, employers’ and workers’ organizations consider that ILO technical assistance would be important to assist them in moving forward on all the issues raised by the ILO supervisory bodies, the Committee hopes that such technical assistance will be carried out in the very near future and invites the Government to establish with the Office a timetable in this regard.