Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee takes note of the Government's report as well as the statement of the Government's representative to the Conference Committee in 1999 and the discussion that followed.

The Committee recalls its serious concern with regard to the trade union situation and in particular in relation to the Government interference in trade union activities.

Article 2 of the Convention. The Committee notes from the Government's report that only one trade union may be established in an undertaking where the number of workers is 20 or more, in accordance with section 114 of Labour Proclamation No. 42-1993. The Committee insists that a legislation which provides that only one trade union may be established for a given category of workers runs counter to the standards expressly laid down in the Convention. It therefore requests the Government to take the necessary measures in order to guarantee that trade union diversity remains possible in all cases.

Articles 2 and 10. In its previous comments, the Committee, noting that section 3(2)(b) of Labour Proclamation No. 42-1993 excludes teachers from its scope of application, requested the Government to indicate how teachers' associations could promote their occupational interests. The Committee requests once again the Government to indicate the precise provisions permitting teachers' associations to promote their occupational interests, and to forward to the Committee any draft legislation governing teachers' associations.

The Committee notes that despite being informed by the Government in its report of 1994 that a new law was expected to be adopted "in the very near future" to address the concerns that had been raised by the Committee with respect to the exclusion of state administration officials, judges and prosecutors from Proclamation No. 42, the Government has not since provided any information on the progress of this law. The Committee would once again ask the Government to indicate whether judges and prosecutors are entitled to associate to further and defend their occupational interests and requests it to inform the Committee of the status of any law related to this matter.

Article 4. The Committee had noted with concern that the Ministry of Labour cancelled the registration of the former Confederation of Ethiopian Trade Unions (CETU) pursuant to the powers vested in it under section 120 of the Labour Proclamation. The Committee requests once again the Government to take measures to amend the legislation to ensure that an organization shall not be liable to be dissolved or suspended by administrative authority, and to keep it informed of any progress in this regard.

Articles 3 and 10. The Committee had noted that the Labour Proclamation contains broad restrictions on the right to strike: the definition of essential services contained in section 136(2) is too broad and should in particular not include air transport and railway services, urban and inter-urban bus services and filling stations, bank and postal services (section 136(2)(a), (d), (f) and (h)); sections 141(1), 142(3), 151(1), 152(1), 160(1) and (2) allow labour disputes to be reported to the ministry for conciliation and binding arbitration by either of the disputing parties. The Committee therefore requests once again the Government to amend its legislation so that the ban on strikes is limited to essential services in the strict sense of the term and disputes may be submitted to the Labour Relations Board for binding arbitration only if both parties agree, or in relation to essential services whose interruption would endanger the life, personal safety or health of the whole or part of the population or in case of an acute national crisis.

The Committee urges the Government to communicate in its next report the measures taken or contemplated to amend its legislation and practice in order to comply with the requirements of the Convention.